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can't continue 13 payments - filed for chapter13

Submitted by on Tue, 06/17/2008 - 14:16
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I filed for chapter 13 due to a lengthy legal battle with my ex-husband.I had debt in the amount of 125,000.I have paid 65,000 thus far to the trustee.My 13 has not yet been approved by the courts. My question is what happens if I am unable yo continue making my payments of $2,000/month


Your Chap 13 BK will be dismissed which in essence, allows your creditors to initiate collections if they want. It is as if you never filed BK.

When will your BK be finished?

If your financial situation has changed and your income is lower, you might want to talk to your attorney and see if you can convert to a Chap 7.


Submitted by desperatelyseekingsanity on Tue, 06/17/2008 - 15:44

desperatelyseekingsanity

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I wonder how you've made so many payments and the plan wasn't confirmed yet? I didn't think the trustee could accept payments until after the plan confirmation.

Regardless, if you flat out stop making payments, then the BK will be dismissed; and like Desperately said above, then your creditors can come after you for their full balances.

In your other thread, you asked " My question is what happens to the money that has yet to be dispursed " The answer is that the trustee will disperse it. There is a pecking order to the trustee's dispersement -- they pay themselves first, and then your attorney(s); then they pay secured creditors and any priority claims; lastly they pay the unsecured creditors. Your $65K probably won't reach any of your unsecured creditors.

Keep in mind, too, that a creditor who does get a part of that $65K may still come after you --- that is because they can go back and recalculate all the interest that they didn't charge while you had bankruptcy protection. Suppose you were in the BK for two years - then they can go back and charge you for those 2 years worth of interest once the case gets dismissed.

If you've made it this far, your goal should be to live it out to the end. When situations change, the court allows you to make modifications to your original plan. Especially if you say it hasn't been confirmed yet, then the plan would be easy to modify. Talk to your attorney about it; tell him why you can't make the payments. If you've had significant life changes (loss of income, etc), I've seen the court many times grant modifications, like reducing the payment amount or term.

As a last resort, you could ask about converting it to a Chapter 7. Although, I suspect that if you're making $2K payments (and that is just was the court considers discretionary), then I'm guessing you make a lot of money. If you're annual gross is above the state median/average (not sure which one), then the BK laws won't let you convert it.


Submitted by DebtCruncher on Tue, 06/17/2008 - 16:34

DebtCruncher

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My income has been reduced to a fraction of what it was.I was brutally attacked and my back was broken. I am sure the courts will take this into consideration however I am not sure when I will be back up to full earning capacity


Submitted by on Tue, 06/17/2008 - 17:38

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