Hammond, LA asked in Bankruptcy for Louisiana

Q: I'm unable to make payment on a chapter 13 bankruptcy. What can happen?

I've had multiple strokes and am now immobile. My only income is SSA. Can my bankruptcy payment be reduced?

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3 Lawyer Answers
W. J. Winterstein Jr.
PREMIUM
Answered

A: Yes, your plan payment can be adjusted even after your plan has been confirmed.

Your bankruptcy lawyer should be consulted, and should do the modification for you without further charge.

A: Yes. Ask your bankruptcy attorney to modify your monthly payment.

A: Reducing your bankruptcy depends on a couple of factors. Unless your initial bankruptcy plan had you paying unsecured debts due to an income liquidation issue, you may only be able to reduce your note by surrendering secured collateral.

There are also Covid exceptions to extend plan payments beyond the usual 60-month maximum term. If you filed your case pro se, contact an attorney in your area, as different jurisdictions could have their own local rules governing this extension.

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