chapter-13-missing-payments consumer bankruptcy
I missed some payments on my Chapter 13 plan, what now?
Call your bankruptcy lawyer immediately. This is a common problem, and it can sometimes be fixed, but ignoring it will make it worse. The trustee will usually move to dismiss the case after you miss two payments. In some cases, you can make up the payments. If you can do this, the trustee will usually not seek dismissal of the bankruptcy. If you can’t make up the payments right away, you may have some other options, but you’ll need to talk to your bankruptcy lawyer to determine which is best for you. If your plan is less than 60 months, you may be able to extend the length of the plan to incorporate the missed payments and additional charges. A Chapter 13 plan cannot be extended to more than 60 months, so if your plan is already 60 months, you can’t extend it further, but you may be able to increase the remaining plan payments by the amount needed. In some cases, you may be able to give up some secured property (usually a car) for which payments are being made under the plan. The property will go reduce the debt that it secured, and the money that is saved on that debt can be used to catch you up. In some cases, the only option may be to allow the case to be dismissed and re-file Chapter 13 to get an additional 60 months to make all required payments.
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