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I am in chapter 13 bankruptcy was just laid off will my trustee reduce my payments or defer them for a couple of months

I am in chapter 13 bankruptcy was just laid off will my trustee reduce my payments or defer them for a couple of months. I have been in Chapter 13 for about 3 years. I have 2 more years to go.

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Attorney answers (2)

Avvo Pro

Reputation Level 14
I am not licensed in your state but I can offer some general information.

I find it unlikely that the Trustee is going to allow you to simply defer your payments. You should talk to your attorney about amending your plan; it will be up to the Judge to decide if you can amend.

Also, if your reason for doing 13 instead of 7 was because you made too much money you may now be able to convert.

You should consult a local attorney to discuss your particular situation.


Good luck.


Robert Kovacs

Reputation Level 10
From what you have described you are already in a 60 month plan, which is the maximum length for a plan. Because of this your payments would not be able to be deferred since this would extend the plan beyond 60 months.

You need to contact your attorney immediately. Your attorney may be able to modify your Chapter 13 plan.

Often the issue of modifying a plan under circumstances such as you are facing will depend upon what your long term job position will be. If there is little prospect of a job in the near future you may have problems modifying your plan.

But if you do nothing your bankruptcy will be dismissed for failure to make payments, so get with your attorney.

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