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

Welcome to the Bankruptcy Forum. Bankruptcy (BK) Forum is known as and will be referred to as BKF hereinafter. In order to ensure a long term success of our vibrant community, we have established certain rules and guidelines to which everyone must adhere to. Please take your time to carefully read our rules, before you start to participate in the community.

Things you agree to do: (BKF) users agree to use the search function before starting a new thread. This prevents duplicate discussions and allows for better organized topics.

All BKF users agree to read the sticky posts which may be available at the top of a forum page. These Sticky posts often contain valuable information. They may also outline more rules and guidelines specific for that particular forum, stickies are put in place by that forums moderator(s) or admin(s).

Things you agree not to do:

All BKF users agree not to call people names or write a post simply to make a personal attack, or get a negative reaction; this behavior is not allowed on our forum. The use of derogatory language aimed at anyone will be severely dealt with. There is no need to agree with each other, or to even like each other. However, by signing onto you agree to treat each member and guest with the respect they deserve. No threats or personal attacks will be allowed.

All BKF users agree not to discuss, engage, or encourage any behavior or activity which violates the law. Discussion of drugs, violence, murder, theft, vandalism, fraud or any other issue which could be used to help individuals break the law is strictly forbidden.

All BKF users agree not to "bump" old threads, unless there is a specific benefit to the community by doing so. But in most cases, please don't post in very old threads, instead start new threads.

All BKF users agree not to attempt/use another members account. It is against BKF rules to use any account other than your own. Impersonating another member will result in an immediate ban. It is also against the rules to open more than one account in your own name without permission from a moderator or administrator. If you have been banned for any reason, it is against the rules to open another account. If you were banned temporarily and you are caught using another account you will be banned permanently. Choosing a moniker which is similar in either sound or spelling as a moderator or administrator is strictly forbidden.

All BKF users agree not to private message any moderator, admin, or other member with questions related to their personal circumstances (Questions about the forum or issues with the forum are ok). This forum only works when members share their experience and insights with everyone.

Things you agree not to post:
All BKF users agree not to post any derogatory/racist/or sexist remarks. This includes attachments, links and all information contained within posts, signatures, and avatars, failure to comply with this rule will result in a permanent ban.

All BKF users agree not to post any copyrighted or trademarked information without the express written permission of the owner(s) / proper citation of source.

All BKF users agree not to post any real names, addresses, telephone numbers, email addresses, social security numbers, or any other personal details (their own or other people's).

All BKF users agree not to post links, pictures, attachments, videos, or the like of pornographic content, objectionable material or extreme violence, whether cartoon or real.

All BKF users agree not to use BKF for advertising purposes without a written contract between yourself/company/agent and the administration of BKF. Blatant advertising will result in a ban.

All BKF users agree not to spam the forums. Spam includes but is not limited to posting erroneous, non-relevant-useless, off-topic, or meaningless posts. Spam may also include posts which contain no text, or large areas of blank space between lines. Simply posting emoticons without text is considered spam. BKF is the largest bankruptcy message board and all the content is intended to help other users. Please help us improve the quality of our forum by making sure that your posts are well-worded, spell checked, grammatically correct and syntaxed.

Regarding actions of moderators and administrators:

The forum is no place to air out your opinion or be judgmental of our staff and its capabilities.

All BKF users agree not to abuse or mistreat moderators or administrators. It is against BKF rules to post any information regarding bans or any other action taken by a member of the moderating or administrative team. If you wish to discuss bans or warnings please do so via PM. To place a complaint against a moderator, send a PM to a super moderator. All Moderators are equal, any decision made by a moderator must be adhered to. If a moderator tells you something you do not like, do not go to another moderator looking for a different answer. If you are caught doing this you will be banned. The moderators work as a team and respect the decisions made by their peers and will help enforce them unless an administrator tells them differently.
If you have an issue with how the forum is run, then notify one of our administrator and we will look into the situation. We have in the past and still do appreciate any input that you offer this forum. But critical input and/or judgmental postings towards the staff will result in you getting banned.

Should you find a thread offensive or out of line, then notify a Mod in a PM so they can evaluate the situation and do the action deemed necessary.

All moderators do have active "other" lives outside of the forum and help moderate this forum in their spare time throughout the days and weeks.

If you have a problem with a member or Mod follow the proper channels of reporting it.

BKF reserves the right to delete any posts which contain anti-BKF comments or discussion. Any bashing of moderators or administrators, or any of their discussion or actions will also be deleted, and the responsible posting party(s) will be banned. Any public anti-BKF advertising, communication, or posts on another forum will result in permanent bans as well.

All warnings and bans are decided by individual moderators and administrators. Warnings are preferable to bans however, for serious offenses and repeat abusers bans will go into effect. The length of the bans can vary from several hours to permanent.

All messages posted or sent including through PM are the property of

All BKF users agree not to advertiser on the forum (Niether by posting, private messaging or using your signature). If you are a company/attorney/legal adviser wishing to advertise on the site or sell a product, you must contact the head administrator and inquire about our advertising packages.

All bankruptcy related opinions expressed on are those of their authors and not necessarily of BKF, its staff or representatives.

You agree not to copy any material/post/content from BKF without written permission from our head administrator .

By posting on this forum you agree to these terms and conditions, including any punishment deemed appropriate by moderators or administrators in the event of an offense.

Administrators/Moderators can change these rules at any time without prior notice.
See more
See less

How long do you have to be unemployed?

  • Filter
  • Time
  • Show
Clear All
new posts

  • How long do you have to be unemployed?

    We are about 16 months into our Chp 13 and my husband lost his job today. This will be about a 50% reduction in our current income. Is there a minimum time he has to be unemployed before we can try and get a modified plan? He'll be able to collect unemployment, but it will only be about 25% of what he was earning.

    Just wondering what we should do at this point---do we need to try and hold on for awhile, or should we try and do something now. Not sure if the 6 month rule applies in the case of lost income or not.


  • #2
    Originally posted by kmb View Post
    Just wondering what we should do at this point---
    Call your attorney first thing TOMORROW MORNING and let him/her know about your husband's job loss (so sorry to hear about that happening to him ). This way your lawyer can notify the trustee that you are going to have difficulty making your monthly payments and find out what options may be available to you regarding your payments until your husband finds employment again. (Did he get a severance package? If yes, let your lawyer know about that too.)

    Also your lawyer can tell you if/when filing an amended Ch 13 plan or filing Ch 7 may be possible. Typically the job loss must be long-lasting with no reasonable options to re-employ at the same income level within a few months to file an amended Ch 13 plan.

    Some trustees can be understanding in these situations, and some are not. Your lawyer can let you know what to expect from yours in your very unfortunate situation.
    I am not a lawyer and this is not legal advice nor a statement of the law - only a lawyer can provide those.

    06/01/06 - Filed Ch 13
    06/28/06 - 341 Meeting
    07/18/06 - Confirmation Hearing - not confirmed, 3 objections
    10/05/06 - Hearing to resolve 2 trustee objections
    01/24/07 - Judge dismisses mortgage company objection
    09/27/07 - Confirmed at last!
    06/10/11 - Trustee confirms all payments made
    08/10/11 - DISCHARGED !

    10/02/11 - CASE CLOSED
    Countdown: 60 months paid, 0 months to go


    • #3
      If you are going to stay in your 13, then you have to file a PCM(Post confirmation modification) also depending on how much of your 13 included unsecured debt, you may not be able to modify the payments much. As well as some states have a UCP(Unsecured Creditor Pool) which is almost set in stone in regards to what percentage or amount you have to pay the creditors. The insult to injury is your attorney will charge you $400 plus to a PCM.

      Good Luck
      Disclaimer: I am not an actor on TV, but I play a BK Paralegal in real life. Nothing I say should be construed as legal advice, or really anything but entertainment. Please seek out professional help.


      • #4
        We are currently at 26% payback, and I think I recall our attorney mentioning that our state (IL) requires at least 10% payback, so I think there is some wiggle room. $400 is probably better than ultimately failing at the plan if it gets to the point we can't make our payments. Plus, I think we've already paid into the plan more than what our creditors would get if we sold our house, as we don't have much equity due to our HELOC and the falling home prices in our areas.

        Thanks for the info---sounds like something to at least investigate further.


        • #5
          I'm in IL also and we're at 5% payback. My husband lost his job right at the time of the 341 and confirmation last year. He did find another job-took 6 months to find, was there 5 months and then laid off. He has been out since April of this year. We were OK though, between me working full time and unemployment. The payment to the trustee is taken out automatically from my paycheck. Luckily we haven't had to modify the plan. But I would definitely talk to your lawyer. Good luck.


          • #6
            What if you're the only one that earns income?
            Filed: October 1, 2007 341: December 10, 2007
            CONFIRMED: December 10, 2007
            Payment: $825 / Mo. for 5 Years-29 MONTHS OF Pmts Down 23 to go!


            • #7
              ? Anyone?????
              Filed: October 1, 2007 341: December 10, 2007
              CONFIRMED: December 10, 2007
              Payment: $825 / Mo. for 5 Years-29 MONTHS OF Pmts Down 23 to go!


              • #8

                i would think that if there was only one person working, and that person got laid off, that unless they could find employment quickly, they would be able to convert to t 7
                Filed Chapter 13 05/23/08
                Converted to Chapter 7 Jan 2012
                Discharged April 2012


                • #9
                  We are going to meet with our lawyer tomorrow to discuss. He indicated we have a few options, but I want further information. Our options are:

                  1. ask the trustee to waive the next few payments until we can get back on our feet (which is probably what we'll try first)

                  2. ask the trustee to give us a "forebearance" on a few payments and tack them on to the end. I do not want to do this option since we are already scheduled to make several large payments at the end due to our situation, and this would either make our plan go longer or give us payments that will be unmanageable.

                  3. stop paying all together, wait for our Chp 13 to get dismissed, then re-file a Chp 7---I honestly don't understand what the advantage is to this

                  4. convert to a Chp 7 now. He did mention that if we did this, we would be able to keep our house and one car, but probably not the other. I'm not sure I understand this, both of our cars are more than half way towards being paid off, we'd be upside down on both if we tried to sell them, we have very low interest rates on both, and our payments aren't exorbitantly high, if we went out and bought another car even if it were a cheaper car, our payments would probably be high due to the high interest we would have to pay. Definitely need more info on this.

                  He didn't mention anything about trying to get our Chp 13 payments reduced, though if we did the means test again with the lost of 50% of our income, my guess is that there really isn't going to be any disposable income. Other than our daycare costs, our expenses really won't be changing that much, so with the subtraction of daycare and the addition of unemployment wages, we'll still be probably $1500-$2000/month in the hole. But, my preference would almost be to stay in Chp 13 with a much reduced payment because my student loans are included in the plan, and if we go to a Chp 7, then I'll have to start paying them outside the plan, and the payments will probably be much higher than what I'll be able to afford.

                  So, I guess we'll wait and see what happens after we meet with him tomorrow. I'm actually amazed, a lawyer meeting with a client at 3:30 on a Friday afternoon in the summer---guess he isn't so bad after all!


                  • #10
                    Any updates? We could be in the same boat before the days end.


                    Unconfigured Ad Widget