Putting Item Into Chapter 13 After Filing

[Jman30]

I am in Month number 15 of a 48 month Ch 13 BK.

I was in a car wreck at the end of last year (Dec 2005) and after all the insurance claims, etc, I am left with a balance on the car of $773 with the repair shop.

Obviously, I don't have the money, since the Chapter 13 takes all the disposable income.

I currently drive the car, since I gave them $1,500 on the $2,273 bill, they let me take the car. The insurance company owes me $500, but it is arbirtation and may take 12 months to show up. Now they are threatening to file a lawsuit and in my county here in Ohio, it is a Theft, Felony Class 5 (according to the police).

My question is this...since jail seems like a pretty crappy idea right now and I can't come up with the $773 between now and 4/1, can I call my lawyer and get this amount incorporated into my Chapter 13 plan?

[13inOR]

I think you can get your plan modified for something like this. Obviously it cant be included in the BK since its after the filing, but you should be able to get your payment amended I would think. Unless theres some wierd complication I dont know about, I mean if its considered a crime not to pay, thats a pretty good reason. Just check with your attorney to see if it can be requested.