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Missing a Payment – Chapter 13 Bankruptc

What happens if you file a Chapter 13 bankruptcy and miss a payment?

When a Debtor obtains approvbal of their Chapter 13 Plan, they are required to make the payments to creditors as set forth in the plan.  Failure to do so can potentially cause a failurte of the plan and loss of protection.  Individualsin Chapter 13 bankruptcy are required to make monthly payments for 36 to 60 months. If a person has something happen in their lives which  causes them to miss a payment to the Trustee’s office, it is essential that you speak with your attorney’s office. The Court will dismiss your bankruptcy case if payments are not made. It is very important to keep track of your payments.  Debtors who fall behind on their payments will receive a Motion to Dismiss for Failure to Make Plan Payments filed by the Chapter 13 Trustee’s office.

The Court enters a standard Order Reserving Ruling on the Motion to Dismiss. This Order gives Debtors a specific time period to cure the delinquency, while requiring that ongoing payments are made on time. It is important that you read this Order Very Carefully as it contains the date that you need to be current by and the amount you need to pay to the Trustee. Should the Debtor fall behind again, there will be NO Further Warning and No Chance to Cure. The Court will enter an order dismissing the case.

If an event occurs which makes it impossible to make the payment, the Trustee understands that and the Judge understands that. It is important to contact your attorney immediately if such an event happens. Your attorney may be able to ask the Judge to permit you to miss a payment or two if the circumstances permit.

The best way to avoid falling behind is to have your payments automatically deducted from your bank account. To do this, all you need to do is to go to the Trustee’s website select “forms” on the website, and fill out the appropriate form. Send the completed form to the Trustee and you wont have to worry about remembering to make the payment.  The monthly payment will be automatically deducted.

If you find yourself in such a position it is best to consult an attorney with substantial bankruptcy experience.  There are so many different circumstances that a proper answer to your particular problem can only be obtained by a trained and experienced lawyer.

If you are considering bankruptcy or have a question about bankruptcy, our firm may be able to help you.

If you require the immediate services of a highly experienced and aggressive attorney, please call for a FREE CONSULTATION


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