Forum Rules (Everyone Must Read!!!) (updated: 04/28/2015)

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Harvey Disaster

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  • Harvey Disaster

    Good morning. First post here and would like to get some feedback on my current situation. I've been in Chp 13 for the last 14 months. Things were going well, no missed payments never late on payments etc. Then Hurricane Harvey destroyed Houston a few days ago. My home did get some flooding but overall we feel we lucked out because my father's house and my brother and his wife's house and million other homes were completely destroyed. My father, brother and his wife are now staying with us. Well I lived in a non flood zone so i never had flood insurance. So I will have to repair my home, walls, furniture etc etc out of pocket. So I contacted my lawyer and told him my situation thinking I could maybe skip 1 or 2 payments or quite possibly change my current case and add all these additional expenses and 3 extra people living in my home in hopes of lowering my payment. To my surprise he said my district would not allow a skip payment even after a historical disaster like Harvey was. He said my only option is to quit my current case and refile in 2 or 3 months down the road and at that time we could add all my new expenses. But that I would lose the 14 months that I have already completed. Does this sound right to you all? This is my first and last go with bankruptcy so I honestly don't know if there is any other option or if my lawyer is right and my only choice is to drop my current case.
    Any help?

  • #2
    First of all, I just couldn't read your post without saying I'm so sorry for what you all are going through. Best wishes for things to be looking up in the months to come.

    Second -- I am not the Chapter 13 expert around here -- but what your attorney is telling you does make sense to me. You need that money right now to get your home repaired and adjust to your new living situation, etc. When the dust settles from all of this, your new financial picture may look very different than it did when you filed 14 months ago. It could be that you had a 5-year plan before (?) and now you may qualify for a 3-year plan (?) ... or at the very least, your payment may now be reduced, as you said.


    • #3
      I am so sorry for your situation and to everyone effected by the hurricane. What your lawyer says almost seems wrong to me, but i'm not an expert. Almost seems you should be able to file a modfication due to the hardship incurred. I'm sure one of our moderators may be able to speak to this.
      P.S. -= I hope FEMA can help you, even if it's a little. My prayers are with all of Houston.
      Filed Chapter 13 - 07/20/12
      Discharged 8/2/16


      • #4
        Thank you both. I appreciate the feedback. I do trust my lawyer and feel that he has not done me wrong in the last 14mnths and I don't see why that would change now or at least that's what I hope for but Iike Sophieanne said, I was expecting to be able to file a modification since I obviously had no fault on this unexpected hardship. Just doesn't seem right that I'd have to lose 14 months of payments and start all over.


        • #5
          I would still ask my attorney to file a Motion to Modify Confirmed Plan. The worst is that the judge rejects it, but just think if the judge allows it! (If you have mortgage payments included this could be problematic. In that situation you may consider a reduction in the payments.). You can also, certainly, ask permission to incur debt in order to deal with the repairs.
          Chapter 7 (No Asset/Non-Consumer) Filed (Pro Se) 7/08 (converted from Chapter 13 - 2/10)
          Status: (Auto) Discharged and Closed! 5/10
          Visit My BKForum Blog: justbroke's Blog

          I am not an attorney. Any advice provided is not legal advice.


          • #6
            Alonzo I agree with Justbroke - it can't hurt to try.. After 14 months you don't want to go back to square 1. Good luck I'm wishing the best for you.
            Filed Chapter 13 - 07/20/12
            Discharged 8/2/16


            • #7
              justbroke mortgage payments are not included in my monthly bk payments. Yes I am going to ask for a motion to modify confirmed plan. I got nothing to lose. Thank you.


              • #8
                Very sorry for your news. We weren't in a flood zone and we flooded (Sandy), had no flood insurance and FEMA helped us. Figure out how to apply for FEMA aid. We submitted a request on line very shortly after the Superstorm. They will have someone come to assess. So take pictures and document all of the damage.


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