Escondido, CA asked in Bankruptcy for California

Q: In my bankruptcy the plan payment is $885 per month for five years. I know now that there will be and add $59000 Still

The bk plan payment I was to make was $885 a month.

How can they tell me I will be short $59000 at end of five years.

The court set the payment of $885. I have been making payments of 885.

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1 Lawyer Answer
James L. Arrasmith
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Answered
  • Bankruptcy Lawyer
  • Sacramento, CA
  • Licensed in California

A: I understand your confusion and frustration. It's important to note that while the court may have initially set your monthly payment at $885 for your Chapter 13 bankruptcy plan, there are a few reasons why you might be facing a significant shortfall at the end of the five-year period:

1. Changes in your financial situation: If your income has increased or your expenses have decreased during the course of your bankruptcy, the trustee may argue that you have the ability to pay more towards your unsecured creditors.

2. Unforeseen debts or claims: If additional debts or claims have been filed against your bankruptcy estate during the five-year period, this could increase the total amount you need to pay.

3. Miscalculation of your disposable income: If there was an error in calculating your disposable income at the start of your bankruptcy, this could lead to a discrepancy in the total amount you are required to pay.

Given the significant amount of the shortfall ($59,000), it's crucial that you discuss this matter with your bankruptcy attorney as soon as possible. They can help you understand the reasons behind the shortfall and explore your options moving forward. These options may include:

1. Modifying your Chapter 13 plan to extend the payment period or increase your monthly payments.

2. Converting your Chapter 13 bankruptcy to a Chapter 7 bankruptcy, if you qualify.

3. Disputing the additional claims or debts that have led to the shortfall.

Your attorney can advise you on the best course of action based on your specific circumstances. It's essential to address this issue promptly to avoid potential complications with your bankruptcy case.

Timothy Denison agrees with this answer

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