Anyone manage to skip a plan payment without repaying it?

[forgotten]

I may need to file a motion to skip 2 plan payments. I want to attempt to request in the motion that the plan base be reduced in the amount of those 2 payment instead of repaying them over the remaining time in the plan.

Just wondering if anyone here has attempted this and if the court went for it?

[kornellred]

This does not seem likely. It would set a precedent and really complicate the Chapter 13 bankruptcy process. The best you can probably hope for is permission to skip 2 payments, but those payments will be added to the tail end of your plan.

[forgotten]

This does not seem likely. It would set a precedent and really complicate the Chapter 13 bankruptcy process. The best you can probably hope for is permission to skip 2 payments, but those payments will be added to the tail end of your plan.

That is the problem. I am in a 60 months plan, so it can not be extended. The increased payment amount to make it in 60 months would make my budget very difficult.
The situation is temporary however so a modified plan to lower the payment is not an option either, as changes in income and expenses are 2-3 months max.

[CCB35]

Forgotten ,it will still be 60 payments,even if they let you skip 2 you will still have to make all 60
the chances of you skipping any at all doesnt seem likely.My trustee wouldnt let me skip any ,even when my wife was going to be out of work for a month

[forgotten]

Just got off the phone with my attorney and she thinks it may be able to be done. She said there has been cases in my district where the judge has allowed it in special circumstances.
My wife and I will both be off work for 2-3 months, while I will still get paid she will not. She actually said the suspended payments won't be a problem at all, and lowering the base plan amount is a real possibility as well.

I'll keep you guys posted how it pans out!

Edit: She did say that the creditors are given notice and are able to object to the base plan being lowered as well.

[Guest123]

We got to skip 5 payment just after we were confirmed to pay the IRS. The amount was broken up and added to the last 10 payments of the 60.
As stated the payments can not go past 60 and you will most likely pay it back.
But if you have good reason you can skip payments, it just depends on the trustee.

[forgotten]

woohoo! Attorney talked to the trustee and the trustee said she will not object to skipping the payments or lowering the plan base. The judge still has to agree however.
We must have an extra nice trustee.

[momofthree]

Great news!

[CCB35]

yeah you must,my attorney flat out told me that the trustee would say no.He didnt even try .i gave him the benefit of the doubt that he knew her well enough to know thats what she would say

[tbon]

we had to ask for a partial payment skip because our home's foundation needed repair. we contacted our attorney who told us the partial amount would probably be "absorbed" into the plan...whatever that meant...she said for us not to worry about it, but to write both her and the trustee a letter of explaination and we did. we've not heard any objection of or about this... it will be interesting to see in a few months what will happen because we almost done with our 5 year plan~

[justbroke]

The Trustee makes no money if you get dismissed. So, as my Trustee would say, "it is in both our interest that your plan is successful!"