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I have a question about a Chapter 13 Bankruptcy case and issues regarding making payments?
Anonymous2 views3 answers
I have an active Ch. 13 case. I lost my job last July. I was granted 3 months no payments. The problem is this: I only receive child support (only income to live on) and I can't make full payments monthly toward bankruptcy. I had read online that as long as I'm not more than 2 months behind on payments, I won't be dismissed. How would that work if I can pay only half of the payment each month?? My next question is would the Trustee (or whomever) grand me another 3 months without payments this close to a previous one, if they would even do so anyway? What about my payments being extended over a longer term...like over the amount of months I've already paid? Can any attorney on here please advise, please advise soon. I am terrified of the case getting dismissed. Thank you so much!
Why are you not calling your lawyer? That is the only person who knows the numbers. Realistically, since the length of a chapter 13 plan is limited by law, very few plans can be workable for more than a few months without payments, so it would be extremely unusual to extend those three months. In many cases like this you should be looking at a conversion to chapter 7. Stop reading online. This cannot be fixed online. You need to meet with your lawyer (the fee you already paid covers your consultation now).
As Mr. Ashman said, you need to contact your attorney. If you do not have one, you may have waited too long.
You might be eligible for a plan modification, but only your attorney would know all the facts and circumstances to determine if this is possible.
I believe I've answered this same question.
You need to speak to a bankruptcy lawyer in your area about this.
However, you may be able to seek a hardship discharge IF there was no discharge in your prior 7.
You may be able to convert to a Ch. 7, IF there was no discharge in your prior 7.
There are exceptions to the 8 year rule. Without knowing more, I cannot say they apply.
If you are having a hard time making your Ch. 13 plan payments, I would suggest filing a motion to modify your Ch. 13 Plan to make it more feasible.
