Legal Question in Bankruptcy in Georgia

Delinquency on Chapter 13 payments due to illness

We are delinquent in our payments. I have had a heart attack which incurred $43,000 in debt because we have no insurance. Also our daughter who is out of state has lung cancer requiring us to do a lot of travel. I will try to get this caught up, however does the Court ever take a second look at a Chapt 13 to see if payments can be reduced. We cannot convert to a Chapter 7 due to some property owned by my husband and his employer who we do not want involved.


Asked on 6/17/06, 3:48 pm

2 Answers from Attorneys
Scott Riddle Law Office of Scott B. Riddle, LLC

Re: Delinquency on Chapter 13 payments due to illness

While there is not much to add to the previous answer, when you say you don't want the employer "involved," he/she should already be "involved" to the extent the property was listed as an asset and your lawyer, the trustee and creditors are fully aware of the partial ownership interest in the property as required by the Bankruptcy Code and bankruptcy fraud laws.

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Answered on 6/18/06, 10:00 am
Glen Ashman Ashman Law Office also dba Glen Ashman Attorney

Re: Delinquency on Chapter 13 payments due to illness

The only person who can answer this for you is the attorney who filed your case. As part of his fee, he is required to advise you throughout the case. He will be familiar with your case, and, since you're already represented, no one else can advise you.

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Answered on 6/17/06, 4:16 pm


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