Q: The first payment of my chapter 13 bankruptcy is due 30 days after filing the petition.
The first payment of my chapter 13 bankruptcy is due 30 days after filing the petition. What happens if I cannot make that payment? Will my case be dismissed even before the meeting of creditors? Is there a way to be excused from that payment?
A: Have your attorney prepare a new minimal plan, but do not just miss a payment
A: A Motion to Dismiss is generally filed by the Chapter 13 Trustee when the Petitioner is 60 days behind on Chapter 13 Payments. Accordingly, you may file an Amended Plan to include the missed payment over the remainder of the Plan or you may make a double payment the following month is affordable to do so.
Justia Ask a Lawyer is a forum for consumers to get answers to basic legal questions. Any information sent through Justia Ask a Lawyer is not secure and is done so on a non-confidential basis only.
The use of this website to ask questions or receive answers does not create an attorney–client relationship between you and Justia, or between you and any attorney who receives your information or responds to your questions, nor is it intended to create such a relationship. Additionally, no responses on this forum constitute legal advice, which must be tailored to the specific circumstances of each case. You should not act upon information provided in Justia Ask a Lawyer without seeking professional counsel from an attorney admitted or authorized to practice in your jurisdiction. Justia assumes no responsibility to any person who relies on information contained on or received through this site and disclaims all liability in respect to such information.
Justia cannot guarantee that the information on this website (including any legal information provided by an attorney through this service) is accurate, complete, or up-to-date. While we intend to make every attempt to keep the information on this site current, the owners of and contributors to this site make no claims, promises or guarantees about the accuracy, completeness or adequacy of the information contained in or linked to from this site.
