I have section 8 housing I am currently behind on my rent and would like to add the arrears to my chapter 13 bankruptcy which is already active and pay moving forward.
Adding your rental arrearage to your Chapter 13 Plan should not affect your ability to remain eligible to get public housing because bankruptcy laws do provide protection against discrimination as a result of filing bankruptcy. But let's get real here! It may not be the fact that you filed Chapter 13 that costs you this benefit, but the fact that you became delinquent in the first place. Part of your Chapter 13 budget should have factored in the rent that you did not actually pay. And the terms of this benefit may well be subject to conditions for terminating you for having become delinquent, aside and apart from the issue of you having filed Chapter 13. Hope this perspective helps!
If rent is not paid, the landlord can always seek permission from the bankruptcy court to pursue eviction. If you seek to add the unpaid rent to a plan that has already been approved by the court, your monthly payments will likely increase. You might want to consider moving out of your home if you cannot afford it. You should consult with your bankruptcy counsel to see if the Section 8 eligibility would be affected.
No, the provisions of the ch 13 plan will not affect your eligibility for Section 8. Talk to your ch 13 lawyer about your options for dealing with your rent delinquency. You may be able to +arrange a cure of the deliquency with a modification of your ch 13 plan that your landlord will find satisfactory.
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