Legal Question in Bankruptcy in California

Chp 13

I have been paying monthly on Chp 13 and was just recently laid off my job. I applied for unemployment. It will be hard to pay BK and make ends meet. Do I still have to pay on BK while unemployed?


Asked on 9/28/07, 11:14 am

1 Answer from Attorneys
Carl Starrett Law Offices of Carl H. Starrett II

Re: Chp 13

One of the factors the court considers in approving a Chapter 13 plan is the feasibility. If you do not make the plan payments as ordered by the Court, the Chapter 13 trustee will file a motion to dismiss your case.

If you have don't have an attorney, get one. If you do have one, discuss this matter with him or her right away. It might be possible to file a motion to modify the plan to reflect your reduced income. You might also be eligible to convert the case to a Chapter 7. However, the specific strategy needs to be based upon a global view of your current situation with a local attorney.

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Answered on 9/28/07, 2:55 pm


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