QUESTION
What can I do if my bankruptcy payment was increased and I don't have that kind of money?
Asked on Jul 27th, 2013 on Bankruptcy - Georgia
More details to this question:
My bankruptcy payments were increased by a judgment from 400 to 1990 twice a month. I don't make that much money. My checks are only 1600 every two weeks. What are my options?
10 ANSWERS
Consumer Bankruptcy Attorney serving Los Angeles, CA
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Orantes Law Firm
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Your question does not offer enough facts to advise you properly. To increase your payment by that much, I would guess the judgment is quite large and its character may now qualify you for Chapter 7 relief or you may need to convert to a Chapter 11 case. In any event, there are so many variables to consider that the only way for you to get a full answer is to consult an experienced bankruptcy attorney.
Answered on Aug 08th, 2013 at 8:23 PM
Chapter 7 Bankruptcy Attorney serving Milwaukee, WI
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Law Offices of Deborah A. Stencel
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I think the answer depends on why your payments were increased so dramatically. If it is due to the means test, there is one set of possibilities. If the change is due to equity or to the types of debt you have, there are two other sets of possibilities. If you have an attorney, you need to discuss this with him or her. If the trustee made this change by motion, I would be surprised since it sounds like your plan is completely unfeasible and the proper thing to do would have been to file a motion to dismiss. Short answer: you haven't provided enough information to answer your question. Rather than revealing all of your information on an online forum, consult with an experienced bankruptcy attorney.
Answered on Aug 08th, 2013 at 8:23 PM
Well, I would really need more information in order to advise you as to what to do. Your options seem limited. You either must pay, file a motion for reconsideration (to try to reduce the payment) or don't pay and let your case be dismissed. Normally, the payment in a 13 is based on ability to pay (and the desire to keep something that is secured by a debt). A judgment should not have raised the payment unless it is something that is not dischargeable. Like I said, I need more information.
Answered on Aug 08th, 2013 at 8:23 PM
I don't have a crystal ball. Certainly there is a reason why this happened. Without knowing what the reason is, I cannot offer you any solution. You ought to be talking to an attorney in person to review the complex paperwork.
Answered on Aug 08th, 2013 at 8:23 PM
Personal Injury Attorney serving Glendale, CA
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JT Legal Group
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It probably means you got a bad attorney that doesn't know what they are doing. How can your payments increase without you 1. knowing about it and 2. being able to afford it? If you knew about it, why didn't you say anything before filing documents saying you would pay that amount. Furthermore, (I am assuming this is a chapter 13), why would your payments even fluctuate unless you're in a 100% plan? And even if you were, they should still be affordable, that's the whole point of bk.
Answered on Aug 08th, 2013 at 8:23 PM
General Law Attorney serving Cherry Hill, NJ
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Mark S. Cherry, Attorney at Law, PC
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Your attorney should discuss conversion of the case to a Chapter 7, or Motion to withdraw the filing altogether. There are too many facts unknown to give any advice.
Answered on Aug 08th, 2013 at 8:23 PM
Sanford M. Martin
If the increased payment refers to a Chap 13 Plan, you must pay the amount, or inform the Chap 13 Trustee that you must amend the Plan, and reduce the payment, or withdraw from the case. Your question doesn't mention Chap 13 but we assume such is the case. If you can't accomplish the Plan, your only options are to amend the Plan, hopefully with the cooperation of the Trustee, or to file an objection in bankruptcy court to the changed Plan and explain to the court your difficulty in complying with the Plan.
Answered on Aug 08th, 2013 at 8:23 PM
Deborah F. Bowinski
Your question doesn't make sense. I don't see how a judgment could cause an increase in your plan payment like that. Call your lawyer and have him or her explain to you why the payment is what it is.
Answered on Aug 08th, 2013 at 8:23 PM
Bankruptcy Attorney serving Florissant, MO
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Law Offices of Thomas Corcoran Phipps
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Try to amend your plan to lower your payments, or try to convert to a chapter 7.
Answered on Aug 08th, 2013 at 8:22 PM
William Rhymer
I would suggest you talk with your lawyer to find out your options. What is best for you to do will be determined by the facts of your specific case. Every case has different facts. Your lawyer is in the best position to advise you.
Answered on Jul 31st, 2013 at 2:24 AM