Rosenberg, TX asked in Bankruptcy for Texas

Q: I need to modify my Chapter 13 plan. It involves a mortgage, do I need a lawyer to amend it?

I was told by the Trustee's office that I would need my attorney to modify the plan for early payoff. My husband and I recently retired due to his health issues; we either need a Hardship Discharge or a modification/amendment to payoff what is due to continue with our mortgage payments alone. Right now we are paying $900 a month over what the actual mortgage payment would be. This plan will last for another year. The amount owed to the mortgage company is less than what we will pay through the court. Since we are now retired, we could payoff the amount owed and continue with payments to the mortgage company easier than finishing the plan.

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

A: Yes. You need a lawyer before you make any such decisions.

James L. Arrasmith
James L. Arrasmith pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
  • Bankruptcy Lawyer
  • Sacramento, CA

A: You are not strictly required to have a lawyer to amend your Chapter 13 plan; you have the right to represent yourself in bankruptcy court. However, given the complexities involved in modifying a Chapter 13 plan, especially one involving a mortgage, having a lawyer could be beneficial to ensure that the modification complies with legal requirements and protects your interests. You should carefully consider the benefits of legal advice in navigating this process, given the potential pitfalls and the substantial financial interests involved.

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