What happens if you miss a Chapter 13 bankruptcy payment?

 

Profile photo for Jan Meriss Alfonso
Jan Meriss Alfonso
Assistant at Ascent Law LLC

If you are in a Chapter 13 bankruptcy, you must keep your attorney informed of your current financial situation so that they can help you get back on track with your plan. Changing circumstances, such as a loss of a job or unexpected hospitalization, can make it difficult to keep up with payments. In these situations, you may have limited options for payment reductions. The attorney can help you find other ways to meet your monthly payment obligations.

Chapter 7 bankruptcy if you miss a Chapter 13 payment

If you are behind on your payments and can't make them, your trustee can file a motion for dismissal of your Chapter 13 case. If the court rules in your favor, your creditors will no longer receive payments from you. However, if you have already missed several payments, you can ask the court to grant you more time to catch up.

Automatic stay

If you miss a Chapter 13 bankruptcy payment, the court can issue a stay that prevents creditors from taking collection actions against you. This can prevent a creditor from repossessing your car or foreclosing on your home mortgage. This stay also prevents creditors from garnishing your wages.

Default

If you have fallen behind in your Chapter 13 bankruptcy payments, you may face the prospect of having your case dismissed. You can avoid dismissal by appealing to the bankruptcy court to extend your time to cure your default. The court will often give you a longer period to catch up on your payments.

Refinance existing debt to make Chapter 13 payments

If you've missed a bankruptcy payment, you may be wondering if you can refinance existing debt to make Chapter 13 payments. This option will allow you to modify your payments to fit your budget. You can base your payment on your income, expenses, and disposable income. You can also defer payment if you need to catch up on a payment.

Change the plan if you can't make payments

If you can't make Chapter 13 bankruptcy payments because you're facing a significant change in your financial situation, you can request a change of plan from the court. In order to do this, you must explain the change and propose a new plan. An attorney can help you with this process and suggest options such as extending the plan or reducing payments.

Additional time to catch up on payments

If you missed a Chapter 13 bankruptcy payment, the trustee will typically offer you additional time to catch up. However, the longer you go without making a payment, the more difficult it will be to catch up. This is why it is important to inform your bankruptcy attorney of any temporary financial emergency. This will allow your attorney to help you get back on track and complete the bankruptcy plan.

If you have any questions, you can get a free consultation with Ascent Law LLC:

Ascent Law LLC:

8833 South Redwood RoadSuite C

West Jordan, UT 84088

(801) 676-5506

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What Exactly Is A Chapter 13 Bankruptcy?
What exactly is a chapter 13 bankruptcy in Utah? Read this article or call the bankruptcy attorneys at Ascent Law LLC for a Free Consultation: (801) 676-5506
https://www.ascentlawfirm.com/what-exactly-is-a-chapter-13-bankruptcy/

Location: Ivins, UT, USA

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