QUESTION
Can you ask for a suspension of payments before a chapter 13 plan is confirmed?
Asked on Jan 09th, 2014 on Bankruptcy - Colorado
7 ANSWERS
Bankruptcy Attorney serving Santa Rosa, CA
at
Law Offices of Craig Burnett
Update Your Profile
Failure to make pre-confirmation plan payments is the surest way to denial of confirmation and dismissal of your case. If your plan has not yet been confirmed, you are better off filing an amended plan.
Answered on Jan 10th, 2014 at 7:41 PM
You can ask, but whether you will be granted permission is going to depend on the specifics in your case.
Answered on Jan 10th, 2014 at 7:41 PM
If your payments aren't made, the case will not be confirmed and will be dismissed in short order.
Answered on Jan 10th, 2014 at 7:40 PM
2 Awards
Yes you may, or you may do so within a plan.
Answered on Jan 10th, 2014 at 7:40 PM
You can file a motion to modify a confirmed plan and request a short suspension of payments, but when you start paying again you have to make up for the amounts suspended. Also, there must be a compelling reason or change of circumstance to warrant the suspension. Creditors could object if they wanted. It would be up to the judge to decide.
Answered on Jan 10th, 2014 at 7:31 PM
There is an automatic stay when you filed. This means that nobody can collect from you while court proceedings are underway.
Answered on Jan 10th, 2014 at 9:52 AM
Deborah F. Bowinski
Unlikely unless you file an amended plan. But, practices vary from one jurisdiction to the next. Speak to your lawyer. If you don't have a lawyer then get one. Chapter 13 cases are nearly impossible to manage without the benefit of experienced legal counsel.
Answered on Jan 10th, 2014 at 9:51 AM