QUESTION
Can I get bankruptcy payments deferred for a couple of months?
Asked on Oct 24th, 2012 on Bankruptcy - Minnesota
More details to this question:
I am in bankruptcy and have been for 3 1/2 years. I only owe $2,500 and I lost my job that I had been on for 29 years. What do I do? I'm afraid to tell my bankruptcy attorney that I cannot make the payments right now.
8 ANSWERS
Bankruptcy Attorney serving Myrtle Beach, SC
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Law Office of Margaret L. Evans, PC
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e or she is the first person you need to tell !! You will have to amend your schedule and make a motion to have the plan amended due to your current loss on employment. Run, don't walk to your lawyer's office.
Answered on Oct 28th, 2012 at 3:57 AM
Why would you be afraid to tell your bankruptcy attorney about this situation? S/he is the only one that can help you resolve this situation.
Answered on Oct 27th, 2012 at 2:04 PM
In a chapter 13 it is possible to defer payments if the trustee agrees. Also, it is possible to modify the plan with the permission of the court. Your attorney can help you with this and you need to contact them to plan your next steps. Otherwise your case could be dismissed for nonpayment.
Answered on Oct 27th, 2012 at 2:03 PM
Daniel James Wilson
Call your attorney right away! If he is a good attorney he will want to know. You can probably make arrangements with the Ch 13 trustee to make up the payments. In my jurisdiction two months is pretty standard, but I have gotten the trustee to allow three months. Also, since you lost your job you should be able to modify your plan or even convert to 7. Its complicated and it will cost you some money, but you need to talk to your attorney. If he is not interested talk to another lawyer.
Answered on Oct 27th, 2012 at 1:06 PM
You should definitely let him know about the situation. The trustee, may let you slide if he is notified right away. Also, if your unemployment looks to be long term, you may qualify for a hardship discharge. You should always keep your attorney informed about changes in circumstance.
Answered on Oct 26th, 2012 at 9:27 PM
Bankruptcy Law Attorney serving Livingston, NJ
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Law Office of Stuart M. Nachbar, P.C.
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No you really can't...you may get away skipping one month but more than that will draw a motion to dismiss for failing to pay.
Answered on Oct 26th, 2012 at 8:00 PM
Chapter 13 Bankruptcy Attorney serving Bloomington, MN
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Gregory J. Wald
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You shouldn't be afraid to tell your bankruptcy attorney anything. Your attorney is there to help you.
Answered on Oct 26th, 2012 at 7:57 PM
Bankruptcy Attorney serving Phoenix, AZ
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Law Office of D. L. Drain, P.A.
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Tell your attorney. They will explain what a moratorium is.
Answered on Oct 26th, 2012 at 7:57 PM