payments was thru my payroll dept
Your Chapter 13 is in serious danger. The statutory maximum duration of a Chapter 13 is 60 months. Sometimes a Chapter 13 trustee will let a case run a little longer to allow it to complete. However, if a motion is filed, a judge would then decide if the case will be given some extra time.
You have a very large balance. You should consult with a lawyer to review your options. You should discuss your original reasons for filing a 13 vs. a 7. Do those reasons still exist? Should you convert to a 7 now? Do you have funds to make a lump sum payment on the balance of your 13?
Time is of the essence. Get good legal advise ASAP.
You might want to consult an attorney about filing a motion for a hardship discharge. You would have to show that some hardship during your case prevented you from paying out your case on time. This might be the best move for you at this stage of the game. Go consult an attorney about filing a hardship discharge motion ASAP, before your current case can be dismissed.
With a large balance left the case will likely be dismissed if the trustee bring a motion. I am assuming you can't rapidly pay the $6,700. You can consider converting the case to a Chapter 7. If dismissed you can file a new Chapter 13.
One has to review matters to see why the plan did not contemplate why the case could not be completed within 60 months or if there were multiple missed payments. Also, what is left-sounds like a mortgage default or a car note. If a mortgage default and there is a good deal of unsecured debt you might consider converting-either work out the default with the mortgagee or file a new Chapter 13 in a few months. If a car chances are the car is no longer worth saving and converting is a good option. If you want to keep the car a 2nd Chapter 13 is viable with the added benefit that the car purchase is over 910 days ago.
Your Chapter 13 lawyer should be able to review all the options since he has your file.
Tough situation. If you owe unsecured debt, you may try for a hardship discharge (better chance if your income has decreased). If you only owe secured debt, you may be looking at a new case. You should look for a source of funds, such as a tax refund, sale of a vehicle, etc. If you can identify a realistic way to quickly fund the plan, let the trustee know and perhaps he will continue the motion to dismiss for a short period. It would be a shame to come so far only to see the case dismissed. Good luck.
Years licensed, work experience, educationLegal community recognition
Peer endorsements, associations, awardsLegal thought leadership
Publications, speaking engagementsDiscipline