Legal Question in Bankruptcy in Indiana

Re: petition to dismiss

Why not convert to a Chapter 7? Or is something, such as assets or a previous recent filing, stopping you from doing that?

Re: petition to dismiss

From your facts it is not possible for me to tell the reason for your $16,500 arrearage. Is it from arrearages from before the payment modification, or because your attorney did not get your payments modified, or is it because you got behind after the modification was approved. If you want to continue in the chapter 13 plan, I would suggest submitting an amended plan where you will pay the lesser amount, but continue to do so for a longer period. Although a debtor can not be required to make payments for longer than 36 months in a chapter 13 bankruptcy, a lesser payment period must still be sufficient to pay off all of the secured debts, tax priority debts, trustee's fee, and any other required debt. With the amount of debt you are paying off, I see no reason why the Trustee or any other creditor would object to you amending the plan that would include a lesser monthly payment, but enxtend it for another 15 to 20 months. The attorney that handled your original Chpt 13 should be able to handle the necessary motions to get this done.