What can be done if a debtor falls behind in payments after filing a chapter 13 case?
Debtors who have unexpected financial problems in a chapter 13 case should immediately consult with their attorneys. It is often possible to deal with changed circumstances by amending the chapter 13 plan. Also, it is sometimes possible to add to the plan debts that were incurred after the chapter 13 case is filed, so that they will be discharged with other debts at the completion of the plan. Finally, even after the plan is completed and the debtor receives a discharge in chapter 13, if unexpected circumstances arise that again make it impossible for the debtor to deal with new bills, the debtor may be able to file another bankruptcy case. If you get a chapter 13 discharge, you are cannot get a discharge under chapter 7 for six years. You also cannot get a discharge under chapter 13 for a period of four years after you obtained a discharge under chapter 7 or two years after you obtained a discharge under chapter 13. Under BAPCPA, debtors must be current with all past and present Domes
Debtors who have unexpected financial problems in a Chapter 13 case should immediately consult with their attorneys. It is often possible to deal with changed circumstances by amending the Chapter 13 plan. Also, it is sometimes possible to add to the plan debts that were incurred after the Chapter 13 case is filed, so that they will be discharged with other debts at the completion of the plan. Finally, even after the plan is completed and the debtor receives a discharge in Chapter 13, if unexpected circumstances arise that again make it impossible for the debtor to deal with new bills, the debtor may be able to file another bankruptcy case.
Debtors who have unexpected financial problems in a chapter 13 case should immediately consult with their attorneys. It is often possible to deal with changed circumstances by amending the chapter 13 plan. Also, it is sometimes possible to add to the plan debts that were incurred after the chapter 13 case is filed, so that they will be discharged with other debts at the completion of the plan. Finally, even after the plan is completed and the debtor receives a discharge in chapter 13, if unexpected circumstances arise that again make it impossible for the debtor to deal with new bills, the debtor may be able to file another bankruptcy case. There is never any waiting period before filing another chapter 13 case, and if the debtor paid off at least 70 percent of the outstanding debt through the plan, there is generally no waiting period before obtaining a chapter 7 discharge.
Related Questions
- What if something happens during a Chapter 13 case that the debtor believes may affect his or her ability to complete the Chapter 13 payments?
- What can be done if a debtor falls behind in payments after obtaining a Chapter 7 discharge? Can another bankruptcy case be filed?
- What can be done if a debtor falls behind in payments after filing a chapter 13 case?
