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Income lost when can we apply for a modification on ch13

Seattle, WA |

If I lose my job in a few days and we are in a full payment plan, can we ask for a modification to help until we can go back to our regular full payments?

Attorney Answers 5


  1. Best answer

    It is possible in some Chapter 13 cases to add payments onto the back end of the plan or to lower the currently monthly payment. It entirely depends on the the specifics of your situation, and how your plan is currently structured. By far the best person to advise you on this is your own attorney. You should speak with them as soon as possible, because if a modification is possible, the sooner it is done, the better chance you have of avoiding your plan being dismissed.


  2. Contact your attorney to inform him or her of your change in circumstances. Depending upon what you are trying to accomplish in your plan and the practices in your jurisdiction it may be possible to modify your plan due to loss of a job. Your attorney is the only one with sufficient information to advise you about the details.

    Good luck!


  3. I agree. Does depend on law in your area. In my state, it is possible to modify a chapter 13 to reduce the Payment upon legitimate change of circumstances, in some situations. You definitley need to speak with your lawyer to see if, under the specifics of your case, your payments can be reduced.


  4. I agree with the responses above. In some circumstances a "Motion to Suspend Plan Payments" may be an appropriate way to keep a confirmed case from getting dismissed if you need to miss a few payments from temporary loss of income, but will still require you to get caught up on those payments missed over the life of the plan. Obviously, good communication between your attorney and the trustee's office is essential if you were to face such a change in circumstances.

    I am an attorney licensed exclusively in the State of Washington. All information provided should never be interpreted as legal advice with respect to any particular situation. Review all information obtained on this website with skepticism and contact an attorney in your state if you have questions about the subjects discussed.


  5. It is possible but you need to contact your bankruptcy attorney. If a modification is to be filed with the Court you need to explain to your attorney your current situation.
    Best of luck to you.

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