Chapter 13 payment plan

[pontiac467]

When I filed chapter 13 last year i had a payment plan that was set up to were i had no extra income, I know this is the way it is suppose to be. I filed 13 to keep my house and car since i was behind on them several months. It now costs almost double for me to drive to work than it did a year ago because of the cost of gas. I drive 100 mile round trip.

Is it possiable to give up the house letting it go back to the bank and move into a apartment were my work is and modify the plan or will they just dismiss my plan because i cant afford it. Im in illinois if that matters. I would rather stay in the plan instead of having my paycheck garnished. I have to wait 6 more months before i can file chapter 7 because i filed that 7.5 years ago and i was told you have to wait 8 years.

Thanks

[rrockinggramma]

I would recommend you talk to your attorney and then follow his advice. If you qualify for a chapter 7, then conversion is always possible. If you give up the house, then the deficiency would be discharged. You car however would have to be paid according to the plan. Talk to your attorney

[nojusticehere]

Can you file an Amended Plan which would add in the extra gas usage. When I filed my 13 the gas wasn't nearly this high, has doubled since I filed. When the gas hit $4.00 a gal I filed an amended plan to include $300 extra per month in gas. It was approved and decreased my disposable income. Check with your atty, Good luck.

[Flamingo]

nojustice here is correct. You can ask your attorney to modify your plan due to the increase in expenses and no increase in income. However, note there may be a charge by the attorney for that extra service. When we filed a Motion to Buy Out of our Chapter 13, the cost for the Motion was $400.