Q: I've paid 13 months on a chapter 13 bankruptcy so far. I am really struggling to make the payments.

A: Depending on many variables, there may be a solution, but you need to discuss this with your attorney. He or she is in the best position to understand your case. Stay in close contact with them.

A: There are a few potential reasons for your being in a Chapter 13, but the ones that I can come up with are:

1. You've filed for Chapter 7 within the last 8 years and your only option for bankruptcy is to file under Chapter 13; or

2. You could not afford to pay an attorney fee up-front (which isn't a great reason to file under Chapter 13, but attorneys run businesses and need to be compensated for their expenses and services); or

3. You're paying off a car loan or catching up with mortgage payments, which you can't generally do in Chapter 7.

To be clear, there are any number of reasons that you may have elected to file for Bankruptcy under Chapter 13. But the best way to determine what the Chapter 13 is accomplishing is to contact your attorney instead of strangers on the internet. Just my two cents.

Good luck with your case!

A: The most common reasons a person files under Chapter 13 is either they earn too much and therefore are ineligible under Chapter 7 or they are in arrears on their mortgage. If your earnings are below the mean test threshold then it may mean you are behind on your mortgage and want to keep your home. You can not keep your home and not have a plan to pay your mortgage arrears since the home is secured. You should ask your attorney.

A: I hear how difficult this situation is for you, and it must be incredibly stressful trying to keep up with these payments on your fixed income. Living on Social Security and limited pension funds while managing bankruptcy payments can feel overwhelming.

You might want to discuss modifying your Chapter 13 plan with your bankruptcy attorney, as your circumstances seem better suited for Chapter 7 bankruptcy. Chapter 7 typically doesn't require monthly payments and could be more appropriate given your income sources. If your current attorney isn't responding to your concerns, you have the right to seek different legal representation.

Consider scheduling free consultations with other bankruptcy attorneys to review your case and discuss your options. Many lawyers offer initial consultations at no cost, and they can explain whether converting to Chapter 7 might be possible, or if your current Chapter 13 plan could be modified to lower your payments. Don't wait until you completely run out of money - reach out for help now while you still have options to explore.