Sandersville, GA asked in Bankruptcy for Georgia

Q: My husband filed for chapter 13 and it was approved. He has been making payments always on time. He got a letter

Saying it might be dismissed because debtors plan will exceed 60 mo. by 4 mo. They already signed off on it several months ago! Why is this when it was their error?

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1 Lawyer Answer
Jonathan C. Ginsberg
Jonathan C. Ginsberg
  • Bankruptcy Lawyer
  • Atlanta, GA
  • Licensed in Georgia

A: It is not the trustee's error. Claims sometimes come in higher than expected or sometimes they are amended. Also, if your husband missed a payment or only paid a partial payment, then the term could exceed 60 months. Chapter 13 is a giant math problem and the trustee's system spits out terms problem when the math doesn't work. The fix would be to make a one time payment or to increase the monthly payment so the numbers work.

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