La Grange, GA asked in Bankruptcy for Georgia

Q: Recently disabled, under a chapter 13 and the attorney we used said our payments can not be reduced! No way i can pay ?

Had to retire from my job after 27 years. Fortunately I am able to draw Teachers Retirement disability but its 57% of my salary . I have long term disability but afraid to file clain because of payback rules i do not understand. Im not trying to get out of my obligation. Just need it reduced . Payment is $1200. My check is just a little over this.

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

A: Maybe you should have your case reviewed by an independent attorney to see if there are any modifications that can be made to reduce your payments.

Martha Warriner Jarrett
Martha Warriner Jarrett pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
  • Bankruptcy Lawyer
  • Santa Barbara, CA

A: There are provisions in the Bankruptcy Code for asking the court to modify your Chapter 13 plan based on a change of circumstances. If your current attorney is refusing to do so, and hasn't adequately explained it to you, you should consult another attorney in your area. Most will offer a free consultation. Your attorney should also be able to explain the payback rules in your disability policy so you can make a claim. You should probably find out how much you are entitled to under your policy first because that amount will have to be disclosed to the court when you seek modification.

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