Norristown, PA asked in Bankruptcy for Pennsylvania

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?

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2 Lawyer Answers

Stuart Nachbar

  • Bankruptcy Lawyer
  • Livingston, NJ

A: Have your attorney prepare a new minimal plan, but do not just miss a payment

Brad Jonathan Sadek

  • Bankruptcy Lawyer
  • Philadelphia, PA
  • Licensed in Pennsylvania

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.

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