Salem, NH asked in Bankruptcy for New Hampshire

Q: Chapter 13 My lawyer proposed a repayment plan, but I know that I won’t be able to keep up with it. What should I do?

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

A: Tell your lawyer you can’t do it and ask him to create a plan you can actually complete.

William J. Amann
William J. Amann pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
  • Bankruptcy Lawyer
  • Manchester, NH
  • Licensed in New Hampshire

A: You are only harming yourself by not being honest with your lawyer about this. Talk with your lawyer about it. This happens quite often. Perhaps there are expenses you aren't disclosing or are under-reporting. Maybe there are exemptions you haven't fully claimed. Maybe your Plan needs to be a 60 month Plan (assuming it is not already). Go through your Schedules "I" and "J", find out what expenses are not there or are understated. If, after talking to your lawyer and scrubbing your finances, you cannot afford a Chapter 13 Plan then your options are a Chapter 7 case or Dismissal. Of course, under certain circumstances, a Chapter 11 could be appropriate but I doubt that fits your situation since you are struggling to pay Chapter 13 Plan Payments.

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