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?

Related Topics:
1 Lawyer Answer
Jonathan C. Ginsberg
Jonathan C. Ginsberg
Answered
  • 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.

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.