Chapter 13 problems [Archive]

glc4122

11-02-2009, 01:51 PM

yes, i have a question about my chapter 13 that i have been in since 7-2008. i been having problems since around may or june 2009.1st. problem my home needed some necessary repairs on septic system and to compound issue my spouse got sick in august 2009, a kidney had to be removed and the bills are mounting, to where i can't afford to pay.Can my payments for the chapter 13 be suspended till i get on my feet.Also i was off work for 2-3 weeks for the operation and caring for my spouse and no paycheck for the chapter 13 plan, which is payroll deducted.Im also 1 month behind on house payment and 3 months behind on taxes. Had to use money saved for real state taxes to fix septic system problem. Any suggestions would be grately appreciated. Can these hospital bills be added to chapter 13 plan so i can make another go at it or have converted to chapter 7?

lrprn

11-02-2009, 06:56 PM

i been having problems since around may or june 2009... Have you contacted your lawyer to let him/her know you are having serious financial problems for unexpected reasons after you filed? If you haven't, then make this happen immediately!

Your lawyer can let your trustee know you are having trouble due to post-filing unexpected medical bills and house repairs. Most trustees (not all though) will allow you to skip a few months of Ch 13 payments to get caught up. That request has to come through your lawyer.

Since you are now behind on your mortgage, that opens you up to having your lender petition the court to lift your stay and start foreclosure proceedings. Your lawyer needs to see if it's possible to head that off as well.

Can these hospital bills be added to chapter 13 plan so i can make another go at it or have converted to chapter 7?The medical bills are post-filing, so they can't be added to your Ch 13 plan. However, since paying them back does significantly reduce your disposable income for quite a while, your lawyer can file an amended Ch 13 plan that reflects your increased expenses and reduces your monthly payment accordingly.

Again, if you haven't done so yet, you *must* talk to your lawyer about this immediately! That's the only way to get your financial situation under control again and continue your Ch 13.



	Bankruptcy Forum > Before the Discharge > Chapter 13 > Chapter 13 problems PDA Chapter 13 problems glc4122 11-02-2009, 01:51 PM yes, i have a question about my chapter 13 that i have been in since 7-2008. i been having problems since around may or june 2009.1st. problem my home needed some necessary repairs on septic system and to compound issue my spouse got sick in august 2009, a kidney had to be removed and the bills are mounting, to where i can't afford to pay.Can my payments for the chapter 13 be suspended till i get on my feet.Also i was off work for 2-3 weeks for the operation and caring for my spouse and no paycheck for the chapter 13 plan, which is payroll deducted.Im also 1 month behind on house payment and 3 months behind on taxes. Had to use money saved for real state taxes to fix septic system problem. Any suggestions would be grately appreciated. Can these hospital bills be added to chapter 13 plan so i can make another go at it or have converted to chapter 7? lrprn 11-02-2009, 06:56 PM i been having problems since around may or june 2009... Have you contacted your lawyer to let him/her know you are having serious financial problems for unexpected reasons after you filed? If you haven't, then make this happen immediately! Your lawyer can let your trustee know you are having trouble due to post-filing unexpected medical bills and house repairs. Most trustees (not all though) will allow you to skip a few months of Ch 13 payments to get caught up. That request has to come through your lawyer. Since you are now behind on your mortgage, that opens you up to having your lender petition the court to lift your stay and start foreclosure proceedings. Your lawyer needs to see if it's possible to head that off as well. Can these hospital bills be added to chapter 13 plan so i can make another go at it or have converted to chapter 7?The medical bills are post-filing, so they can't be added to your Ch 13 plan. However, since paying them back does significantly reduce your disposable income for quite a while, your lawyer can file an amended Ch 13 plan that reflects your increased expenses and reduces your monthly payment accordingly. Again, if you haven't done so yet, you must talk to your lawyer about this immediately! That's the only way to get your financial situation under control again and continue your Ch 13.