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.
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.
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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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