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

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  • Scared

    So I lost my job Friday. We are 1 year into our Chapter 13 and I'm scared to death as I was the main money maker. I made about $70k a year and my husband makes about $40k. Our plan payment is $1706 which we were scraping by with our family of 6 but I don't know what we will do now. I am calling our BK paralegal first thing in the morning but I'm going crazy here.

  • #2
    Sorry to read about the job loss. Hopefully it will not take you long to find a new position. This set back is not a big deal in your case unless you are unable to find a new job. You simply file a request to waive three or four payments (moratorium) and resume payments three or four months from now, by which time, you should be employed. The missed payments are caught up by a slight increase on your payment when you resume them. This is done all the time so do not "go crazy".

    Please note that this does not impact the need to keep mortgage payments current if you own your home.



    • #3
      You may want to consider conversion to Chapter 7. If you were using Chapter 13 to save property then the conversion decision will need to be made under careful consideration, but it is still a strategy that I could endorse. I used Chapter 13 to save property and did convert. I used the opportunity to "force" my lender to take a modification putting the arrears at the end of my loan. That worked for me and may not work for you. If you were in a Chapter 13 solely to deal with unsecured debt, then conversion may be "the" answer.

      I am in your household income range, and losing my job would have been devastating to my family if I lost the income. it's not so much the thought of losing a significant income, as it is forcing the need to change homes/neighborhoods. I have now lived in this home for 13 years and I am glad that I was able to stay.

      I was laid off from my employer last year and it was the most frightening thing. They hired me back as a contractor, but the period between being on unemployment (which pays $275/week, in Florida, or about 1/3rd of what I make a day) and going back to work was very frightening. I ate up my 2 months of reserves rather quickly. I know that you'll get through this, as I did. But, it's frustrating and very competitive at the higher salaried positions. I'm sure you land on your feet.

      I hope that conversion works. I hope that most of the $$$ sent to the Trustee was just DMI.
      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.


      • #4
        So sorry for your job loss! The only thing that comes to mind immediately is at least you still have your husband's income to put food on the table etc while you look for another job. I know that's probably not much consolation at this point, but it's something. When you're a one-income family, there is zero to fall back on -- and that's a *really* scary place to be when things head south.

        I'm sure others will offer their chapter 13 experience... I just wanted to know you've got people out there reading who do care. Best wishes for a good attorney who will respond quickly and help you figure out this difficult time.

        Ha, edited to say they posted at the same time as I was!


        • #5
          If you need to stay in the 13 to save property, you can get a Ch 13 plan modification and lower the payment because you lost your job. Talk to your attorney to see what the best option is for you.

          Filed Ch 13 Fall 2013, 60 month plan


          • #6
            I don't know what to say, the only advice I was thinking was suggested here by way more informed persons than I. Maybe you can turn this chapter 13 into a 7. Please let us know how things are going. Really sorry for your job loss. I am hoping things turn around real soon.


            • #7
              I'm just now checking back in and thank you guys so much for your replies. I had to take a job as a car salesman as after putting in roughly 25-30 applications, I got absolutely nowhere. Since we couldn't afford our trustee payments, our lawyer advised us to not make our payments for 2 months and the trustee will move to dismiss and then she will file our new incomes. I thought it would be easy and maybe we couldn now qualify for a a chapter 7 but she said we may lose our cars. Our house is paid outside of the plan.


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