If I’m in Chapter 13 and only have 6 payments left but my wife is now going to leave me, what should I do if I can’t afford the payments by myself?
Get Legal Help Today
Compare Quotes From Top Companies and Save
Secured with SHA-256 Encryption
If I’m in Chapter 13 and only have 6 payments left but my wife is now going to leave me, what should I do if I can’t afford the payments by myself?
She wants to switch it to Chapter 7.
Asked on November 25, 2013 under Bankruptcy Law, Ohio
Answers:
Terence Fenelon / Law Offices of Terence Fenelon
Answered 10 years ago | Contributor
You have several options. First, you could file a motion to amend your plan, either extending the pay-off period if it is less than 60 months, or decreasing your payments besed upon a change of circustances pursuant to 11 USC 1329.
Alternatively, you could request a hardship discharge and early termination of the plan. A more difficult burder but if the plan was scheduled for 60 month completion, likely to succeed in the absence of objection. Good Luck.
IMPORTANT NOTICE: The Answer(s) provided above are for general information only. The attorney providing the answer was not serving as the attorney for the person submitting the question or in any attorney-client relationship with such person. Laws may vary from state to state, and sometimes change. Tiny variations in the facts, or a fact not set forth in a question, often can change a legal outcome or an attorney's conclusion. Although AttorneyPages.com has verified the attorney was admitted to practice law in at least one jurisdiction, he or she may not be authorized to practice law in the jurisdiction referred to in the question, nor is he or she necessarily experienced in the area of the law involved. Unlike the information in the Answer(s) above, upon which you should NOT rely, for personal advice you can rely upon we suggest you retain an attorney to represent you.