Moultrie, GA asked in Bankruptcy for Georgia

Q: I have filed bankruptcy a little over a year ago but I have now been umemployed for 4 months and cant pay. What can I do

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1 Lawyer Answer
Kevin W. Chern
Kevin W. Chern
Answered

A: Depending on the specifics of the situation, there are generally two possible options for a person who is unable to keep up Chapter 13 payments due to a change in income.

One possibility is to file a motion to amend the bankruptcy plan based on the change in circumstances. Some people are able to lower their monthly payments in this situation.

Another possibility for some is to convert the Chapter 13 case to a Chapter 7 bankruptcy case.

Doing nothing is generally not a good option, since falling behind in payments can have negative consequences, including possible dismissal of the bankruptcy case.

Kevin Chern is an Illinois licensed attorney who has practiced in federal consumer bankruptcy law and consumer protection law for the last 21 years. He is the Managing Partner of UpRight Law. Kevin's law partners are licensed in all 50 states and work in conjunction with Mr. Chern to provide bankruptcy and consumer legal services in all 50 states. Mr. Chern's answers to the questions are intended for informational purposes only and are not intended to be legal advice. Use of the answers does not establish any attorney-client relationship. For legal advice, you should consult with an attorney licensed to practice law in your state and with appropriate expertise.

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