In chapter 13, 59 months, paying 250/mo. just got letter to dismiss due unfeasible? case will run 154 months,

Asked 8 months ago - Daly City, CA

based on the claims filed the case will run 154 months. this is 94 over 60 , the months per the confirmed plan: does this mean they made mistake and I didn't pay enough, I owe anther 25000, which means ishould of paid ( ie 650/mo). do I restart another chapter13, or ask for ch 7. I gave up house,
and condo, and had 100k in credit card bills. can you extend a chapter 13?

Attorney answers (5)

  1. Malcolm Wallace Ruthven

    Contributor Level 15

    2

    Lawyers agree

    Answered . There's not enough information to give you a good answer. What might have happened is that additional priority claims (taxes?) were filed that would need to be paid in your payment plan, but that weren't included (or known) by the time your plan was submitted (or even confirmed by the court). The trustee's motion to dismiss your case it to get your attention so you do something about it. What you should do depends on many factors, many of which are not known here. You could amend the plan to pay more (if you can afford that) or convert to a Chapter 7 (which may have its own drawbacks). You should contact your own bankruptcy attorney discuss the situation. If you don't have one, you should get one.

    This reply does not constitute legal advice or establish an attorney-client relationship.
  2. Gary D. Bollinger

    Pro

    Contributor Level 19

    3

    Lawyers agree

    Answered . You wrote, "In chapter 13, 59 months..."
    A: It is almost certainly too late to save this Chapter 13 in its 59th month.

  3. Stuart Gregory Steingraber

    Pro

    Contributor Level 17

    1

    Lawyer agrees

    Answered . It means that the claims filed substantially exceed the monthly payment. Can you object to any of the claims? If they are valid, no plan can exceed 60 months. If you gave up the house and condo why do you need a 13? Maybe you can convert to 7.

  4. Ray Choudhry

    Contributor Level 14

    2

    Lawyers agree

    Answered . Looks like some creditors filed claims after the confirmation.
    What kinds of claims are these. Priority, secured, non-dischargeable?
    Sometimes you can file a modified plan.
    Are you qualified to file a Chapter 7.
    Talk to you Chapter 13 attorney about your options.

  5. Sally J Elkington

    Pro

    Contributor Level 8

    Answered . Typically your bankruptcy attorney would have audited your case right after the bar date (last date for creditors to file claims) and discovered that your plan, as confirmed was not feasible and modified the plan appropriately. Either you don't have an attorney, or your attorney did not do this. So, what are your options? 1) let your case get dismissed and refile; 2) modify your plan to adjust the percentage to your unsecured creditors, if that is what is causing the feasibility issue; 3) object to incorrect claims, if that is the problem. Bottom line is that you need a Chapter 13 bankruptcy attorney who is familiar with the San Francisco division to review your case and drill down on your options. You should do this immediately!!!

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