Escondido, CA asked in Bankruptcy for California

Q: I filed bankruptcy about 4 1/2 years ago. 6months left.i find out that I have to pay 59k more after my plan.

That

They want me to come up with another $59k

After paying my plan payment the court set up.

6 months left of payments.

They want me to

Pay additional $59k plus monthly payments of $885.within the next 6 months.

The payment plan was set up by court.

Related Topics:
2 Lawyer Answers

A: We can't tell you anything because we don't have your records. If you don't want advice from your original lawyer, then consult with some other local BK lawyers.

James L. Arrasmith
PREMIUM
James L. Arrasmith pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
Answered

A: I understand that this is a very stressful and frustrating situation. It seems highly unusual for the court to suddenly require such a large additional payment so close to the end of your bankruptcy plan. Here are a few thoughts and suggestions:

1. Carefully review the notice you received about the additional $59k payment. Make sure you fully understand what it is for and the legal justification provided. If anything is unclear, consult with your bankruptcy attorney for clarification.

2. If you do not currently have a bankruptcy attorney, consider hiring one to help you navigate this situation and potentially challenge this sudden demand for additional payment. An experienced attorney can review your case and advise on your options.

3. If this additional payment is indeed required, you may be able to file a motion with the court to modify your bankruptcy plan due to this substantial change in circumstances. Your attorney can advise if this is a viable path.

4. Gather documentation of your income, expenses, assets and liabilities to demonstrate your inability to pay such a large sum. This information may be needed if you file a motion to modify your plan.

5. Continue making your regular $885 monthly payments during the remaining 6 months to stay in compliance with your current court-approved plan.

6. If the court does not allow modification of your plan and you are unable to pay the $59k, discuss with your attorney what this means for your bankruptcy case and discharge of remaining debts.

The most important things are to consult with a knowledgeable bankruptcy attorney, continue making your current payments, and respond to any court notices and hearings. You have rights in the process and should not simply accept this demand for extra payment without further investigation and potential legal challenge. I know it's an incredibly stressful situation but there may be options to resolve this favorably with proper legal guidance.

Justia Ask a Lawyer is a forum for consumers to get answers to basic legal questions. Any information sent through Justia Ask a Lawyer is not secure and is done so on a non-confidential basis only.

The use of this website to ask questions or receive answers does not create an attorney–client relationship between you and Justia, or between you and any attorney who receives your information or responds to your questions, nor is it intended to create such a relationship. Additionally, no responses on this forum constitute legal advice, which must be tailored to the specific circumstances of each case. You should not act upon information provided in Justia Ask a Lawyer without seeking professional counsel from an attorney admitted or authorized to practice in your jurisdiction. Justia assumes no responsibility to any person who relies on information contained on or received through this site and disclaims all liability in respect to such information.

Justia cannot guarantee that the information on this website (including any legal information provided by an attorney through this service) is accurate, complete, or up-to-date. While we intend to make every attempt to keep the information on this site current, the owners of and contributors to this site make no claims, promises or guarantees about the accuracy, completeness or adequacy of the information contained in or linked to from this site.