Q: Can a ch13 case be amended to include something that occurred after the filing?
I filed ch 13 Sept 2023; signed a new lease with a co-tenant in April 2024; Due to irreconcilable differences I was forced to leave the residence 3weeks ago. Now the co-tenant is leaving the residence and refusing to pay any of the lease obligation. I cannot afford this residence on my own. Can my case be amended to include this?
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A:
You can request to amend your Chapter 13 bankruptcy plan to include new debts or changes in circumstances, such as the lease obligation you’ve described. The court understands that life changes can occur during a Chapter 13 repayment plan, and it may allow modifications to address these new financial challenges.
You’ll need to inform your bankruptcy attorney or trustee about your situation as soon as possible. They can guide you through the process of filing a motion to modify your plan to include the lease obligation or to adjust your payment plan to reflect the change in your financial situation. This could involve listing the lease as a new debt or asking for adjustments to your payment plan based on your current income and expenses.
However, any modification will need to be approved by the court, and it’s important to act quickly to avoid further financial strain. Discussing the details with your attorney will help determine the best course of action for your specific case.
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