my husband lost his in June of this year filed chapter13 we were paying 500.00 want to know if i can get payments reduced or file a hardship discharge want to keeponecar though
Without knowing the specifics of your case, you will not find the answers you are looking for here.
I highly recommend that you discuss this with your current attorney who would be familiar with your Chapter 13 case. If you do not have an attorney or your attorney is unresponsive, consult with an experienced bankruptcy attorney near you. They will need to familiarize themselves with your filing to see what relief may be available to you.
I do wish you the best.
Steve Doan, Esq
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This information is provide for informational purposes only as a service to the public, and is not legal advice or a substitute for legal counsel, nor does it constitute advertising or a solicitation. Your receipt or transmission of information hereof alone does not create an attorney-client relationship or ensure confidentiality.
5 lawyers agree
Go talk to your attorney to see about filing a modification to his chapter 13 plan.
There are many factors that can affect how best to handle this matter and the best advise is to hire an attorney immediately. Unfortunately the advice above is a guess that is based on very scanty facts. Circumstances of all sorts can change the ultimate answer you need. If you want to know how best to handle the situation, make an appointment with an attorney and get good solid advise based on more exact facts. The money spent might give you the peace of mind you need. We are a debt relief agency and we help people file for relief under the bankruptcy laws.
3 lawyers agree
Whether you can get a reduction in your monthly payments in a Chapter 13 bankruptcy case, or whether you will be able to get a hardship discharge will depend upon a number of factors.
First, the monthly payment you are currently making was based upon your average monthly income for the six month period leading up to the filing of your bankruptcy.
You indicate that your husband lost his job in June. Presumably, you have had a loss in income that would affect the calculation that was originally made. A modification of your Plan might be possible to suspend or reduce payments based upon the gap in income.
Another factor is why you were in a Chapter 13. Were you in the Chapter 13 because you made too much money to be in a Chapter 7, or were you at risk of foreclosure or a repossession?
If you needed to be in a bankruptcy to avoid losing your house or your car, you will generally want to get your payments suspended or modified.
If not, you may want to consider a conversion of your case to Chapter 7.
In order to obtain a Hardship Discharge you must show the Bankruptcy Court that you cannot modify your Chapter 13 Plan to make the Plan work.
Assuming a Plan modification will not work, it will be necessary to file a motion with the Court seeking a hardship discharge.
There are a number of requirements to obtain a hardship discharge.
If you don't already have an attorney, get one. This issue is too important to try to do it yourself.
"Do It Yourself" bankruptcy filing is a really bad idea, so you should seek the advise of an experienced bankruptcy attorney to answer your questions. While the Bankruptcy Code is federal law, there are local procedures and forms. "Do It Yourself" bankruptcy filing is a really bad idea The information provided is not intended as legal advice. No Attorney/Client relationship is intended, implied or created.
8 lawyers agree
Divorce / Separation Lawyer
To reduce a Chapter 13 plan payment would require either for you to motion to amend the payment, or to let the current case get dismissed and file a new case (both options may not end up lowering your payment). You can't keep the car without paying for it.
These are questions for a local bankruptcy attorney. Your question is a good example of why only in many jurisdictions, as low as 1% of Chapter 13 cases that are filed by debtors without an attorney actually receive a discharge.
The DiGiulio Law Firm, LLC. Phone: 888-540-4529 Website: www.atl-law.com Atlanta, Marietta, Lawrencevile, Duluth, Alpharetta, Buckhead The information you're reading is for general information purposes and is offered as a service to the public. Nothing on this or associated pages, documents, comments, answers, reviews or other communications should be taken as legal advice for any individual case or situation or as a substitute for legal counsel, nor does it constitute advertising or a solicitation. Viewing the general information here, including your receipt or transmission of information hereof alone does not create or constitute an attorney-client relationship or ensure confidentiality. Please contact 770-309-9551 for additional questions or to schedule for your free phone consultation. If this question or answer pertains to bankruptcy, please be advised that we are a federal debt relief agency. One of our areas of practice is to help people file for bankruptcy relief and protection under the U.S. Bankruptcy Code.
Chapter 7 Bankruptcy Attorney
What will go on at your Chapter 13 meeting will largely depend on whether you have submitted all the required documents to the court & to the trustee. In my state, the trustee asks questions about the property and the budget and then requires documentation for all questionable expenses and appraisals for property values.
Hope this perspective helps!