Sacramento, CA asked in Bankruptcy for California

Q: I am currently in Chapter 13, which was filed 9 months ago. In the past 60 days, I defaulted on my cell phone bill.

I cannot afford to pay my past due balance of $1200 and the carrier has now sent me an email stating that if I don't pay the past due bill that they will refer me over to a debt collector. What are my options here? What will happen with my bankruptcy if this creditor sends me to collections?

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2 Lawyer Answers
W. J. Winterstein Jr.
PREMIUM
W. J. Winterstein Jr.
Answered
  • Bankruptcy Lawyer
  • Boyertown, PA

A: Your confirmed Plan is your first stop- does it read that you will pay, directly, specific debts? If so, and your cell bill is among those, then you have violated your confirmed Plan, and the bankruptcy Trustee my file to convert or dismiss your case. (You don't say whether you are current otherwise on recurring bills or payments to the Trustee).

As always, your best path to calculate your risks and determine your best path is to confer with your bankruptcy attorney as soon as you can.

Timothy Denison agrees with this answer

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

A: Under Chapter 13 bankruptcy in California, you are on a court-approved plan to repay your debts over a period of three to five years. If you've defaulted on a new debt, like your cell phone bill, during this period, it's important to address the situation promptly to avoid complicating your bankruptcy case.

First, communicate with your bankruptcy attorney about the default. They can advise you on the best course of action, which may include amending your Chapter 13 plan to account for this new debt. It's crucial to manage this proactively to prevent the new debt from derailing your current repayment plan.

If the cell phone carrier sends the debt to collections, it could impact your bankruptcy case. However, since the debt was incurred after filing for Chapter 13, it may not automatically be included in your current plan. Your attorney might suggest negotiating with the creditor or exploring other legal options to address this debt. Always ensure your bankruptcy trustee is informed of any significant financial changes or challenges you face during your Chapter 13 case.

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