how to file a motion to stop payments for 3 months

[pontiac467]

does anyone know were to find the form to stop payments for 3 months, my lawyer is dragging his feet and i would like to do it my self, i switched jobs and my employer has been taken money out but for some reason the trustee isnt getting all of the payments and they said if i dont make a payment in the next week they are going to dismiss so i want to file a motion to stop payments for 3 months, thanks

[HHM]

Well, good luck with that. There is no provision for a forbearance in chapter 13 payments, thus, there is no form, per se.

Basically, you can simply right a letter, note your name and case #, title it, Motion to Defer 3 months of payments, and give your explanation. Then file it with the BK court.

[chloe0724]

I would contact your payroll dept and find out why it's not being applied.

[pontiac467]

my payroll sends out checks once a month(it even says it on the court order to have it by the first of the month), i understand the payments are suppose to be there and my arguement is im being forced to have my employer deduct my pay and for them to send it. If they would have let me do it myself they would have got paid by now.

The trustee says that they need a payment by the end of next week and i told them that it is getting deducted like its suppose to and i have no extra money to give them because thats how chapter 13 works.

Anyways im going to file a motion to suspend payments my self this week, does anyone know if i can convert to a chapter 7 even though my chapter 13 payments are behind, the only reason im in a chapter 13 is because of my car and i dont need it anymore. I have no disposable income now as it is under the chapter 13 plan. the unsecured are getting 0.

The trustee did say that if i dont do something they would file for a motion to dismiss and it would take a month, so i would have time to object with in that time frame and a objection would push the court date even further.