0
How can you stay in your Chapter 13 case if you are not able to make your payments due to losing your job?
Wiki User
∙ 10y agoWant this question answered?
Be notified when an answer is posted
Add your answer:
Earn +20 pts
Can you file chapter 7 before chapter 13 is discharged?
No, you can't have two separate bankruptcies at once. If you are under a chapter 13, and are no longer able to make your plan payments, then you can convert your case from a 13 to a 7.
What happens if you are late on chapter 13 payments in the state of Georgia?
If you are late on a chapter 13 payment you are at risk of having your case dsmissed. Please try to make payments on time and make payments up if you missed any due to a miscommunication.
What is the motion to reopen a bankruptcy chapter 13 case for failure on pay plan payments?
What you have to consider is whether or not you should just file a new case. If you were to be able to reopen a closed case you would have to be prepared to make up all the missed plan payments. If you are not able to pay all the missed plan payment you may as well file a new case and start from scratch. If you were unable to make plan payments because you no longer have a source of income you may be ineligible to go into another case and reopening a closed case would not make much sense either.
What will happen if i can no longer may my trustee payments?
Assuming this is a Chapter 13 and you're taking about the Plan payments, you should talk to your lawyer or a bankruptcy lawyer about your options. The trustee will move to dismiss your case if you do nothing, and then your creditors will go back to foreclosing or suing you. You may be able to put the Plan on hold for up to 6 months. You may be able to amend the Plan to lower the payments.
What happens if you file chapter 13 and defaults on payments?
The trustee will file a motion to dismiss to get your BK case thrown out.
Does reaffirmation apply to ch 13 And if so and your mortgage was not reaffirmed can the mortgage company foreclose if mortgage payments are current How about after discharge of the debt?
Reaffirmation does apply to Chapter 13 bankruptcies, and the benefit of filing a Chapter 13 case is that you are usually able to retain your home (as opposed to a Chapter 7 case, where all of your assets are normally sold). Customarily, the debtor and lender enter into an agreement within the bankruptcy to cure the arrearages over a period of time while the debtor continues to make monthly payments. That said, if the debtor falls behind on the payments, the lender can petition the court for relief from the automatic stay and proceed to foreclosure. A lender may never foreclose if the mortgage payments are current and the debtor is in compliance with the other provisions of the mortgage. If your lender is foreclosing and you believe that you have made your payments on time (or adequately cured the arrearage in the bankruptcy), then you should contact an attorney immediately.
Can you convert from a Chapter13 to a Chapter7 and keep your house if your payments are current?
If your home is "reaffirmed" within the chapter 13 and chapter 7. which is basically, you paying the lender within the bankrupcty transaction to contract with you in keeping your home and not losing it. please note: each time you "reaffirm" you are paying each transaction, i.e. chapter 13 (1x) converting to chapter 7 (2x). you can only convert any case ONLY one time. i.e. if your Lawyer errors and lets say begins as a chapter 7 then converts it to a 13, and it should have been a 7 to begin with, then you must request it to be "dismissed" and refile a NEW case. If that happens, get an entire NEW Attorney so this does not happen again. good luck.
If you convert from a chapter13 to a chapter7 can you keep your house if your payments are current?
If your home is "reaffirmed" within the chapter 13 and chapter 7. which is basically, you paying the lender within the bankrupcty transaction to contract with you in keeping your home and not losing it. please note: each time you "reaffirm" you are paying each transaction, i.e. chapter 13 (1x) converting to chapter 7 (2x). you can only convert any case ONLY one time. i.e. if your Lawyer errors and lets say begins as a chapter 7 then converts it to a 13, and it should have been a 7 to begin with, then you must request it to be "dismissed" and refile a NEW case. If that happens, get an entire NEW Attorney so this does not happen again. good luck.
What does the losing side of a case have the right to do?
Generally, the losing side of a case has the right to appeal the decision.
What if you can't make car payments after filing chapter 7?
If the Chapter 7 is still pending, you can amend the documents to surrender the car. You may be able to re-open the case and amend the documents even after it has been closed. If you want to keep the car and can pay a C. 13 plan to get caught up on the arrears, you can file a C. 13. It may not be worth the expense, however.
Can't make the payments and can't sell what do I do?
Talk to the lienholder to see what they want you to do. You might be able to renegotiate the payments. As a worst case scenario, you could do a voluntary repossession, which at least saves you from having to pay the repo fees.
What happens to the payments you have already made if you need cancel your policy?
Your policy contract will state what happens to your payments if you cancel. In the worst case you may not be able to cancel in the best case you will have to pay pro- rata for the length of time you policy has run + a cancellation fee + an administration fee. Please understand in many cases the payments are to a finance company (who payed the upfront insurance premium to the insurer) and in this case the payments are NOT linked to the policy - you can't just stop paying - in effect you took out a loan.
