Live Oak, FL asked in Bankruptcy for Florida

Q: In a chap 13, payments doubled in 14 months. Now motion to dismiss delinquent interim payment. 21 day to cure. Now what?

Every 3 months plan increased. Asked attorney about catching up prior payments was told they will spread delinquent amount over next 45 months payment. Now motion to dismiss in 21 days if don't pay 7450. Do not have money and cannot get in 21 days or even 60 days. We made all payments on time as told. Now in a mess. Attorney says Don't Worry, but I am. What happens next?

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2 Lawyer Answers
Timothy Denison
Timothy Denison
Answered
  • Bankruptcy Lawyer
  • Louisville, KY

A: Consult your bankruptcy attorney about converting to Chapter 7.

Brian Aho
Brian Aho
Answered
  • Bankruptcy Lawyer
  • Champlin, MN

A: You should discuss with your attorney the possibility of making a payment now that brings you one month behind. The trustee should continue the hearing on the motion to dismiss if you are within one month of caught up. You also should discuss amending your plan to make it affordable going forward. If you cannot, then consider whether you can convert it to a chapter 7.

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