Expert Advice When You Need It Most

Is it possible to suspend payments under chapter 13 becuause of job loss

In a ch 13 bankruptcy , what do you do if you kose your job through no falut on your own and your mortgage is in the ch 13?

Save

Attorney answers (2)

Avvo Pro

Reputation Level 9
I am very sorry to hear about your situation. There is a proceedure in Chapter 13 which allows you to file a motion with the court, asking for a temporary suspension of payments. If you just need a short suspension, and you can show the court how you will make up the skipped payments, the chances are quite good that the court will grant you some extra time.

You can read more about Chapter 13 in my guide.
2 people marked this answer as good

Avvo Pro

Reputation Level 14
You can file a motion and ask for a "moratorium" on your payments -- a temporary suspension. You need to tell the court how long the payments won't be made and how you plan to make them up. A court might not suspend the payments here because the mortgage payment is in the plan. Is this a current payment or an arrearage? The Bankruptcy Judge here will not grant a moratorium if the current mortgage payments are through the plan. please consult your bankruptcy attorney.
2 people marked this answer as good

Can't find what you're looking for? Ask a Lawyer

Get free answers from experienced attorneys.

 
Ask now