Legal Question in Bankruptcy in Kentucky

How hard is to get a temporary suspension of chapter 13 payments due to having surgery performed.


Asked on 5/16/12, 7:07 am

2 Answers from Attorneys

Nancy Delain Delain Law Office, PLLC

Talk to your attorney who worked with you on the petition and handled the 341(a) meeting(s) of creditors. If you are not represented by an attorney, call your Trustee. Ideally, you will do this NOW, when you read this response. Do it at least BEFORE you miss a payment. Remember, if you were represented in your filing, the Trustee CANNOT talk with you; he or she MUST go through your lawyer.

Most Trustees are decent human beings and will work with you/your lawyer to arrange your payments to accommodate your surgery. They are constrained by the law, though; that is why you need to make those arrangements BEFORE you miss a payment. You could suffer severe consequences to your case by not talking to your lawyer before you miss a payment; don't go down that road. TALK TO YOUR LAWYER (or, if you were unrepresented, to the Trustee) NOW!!!!!!!!!!

THIS POST CONTAINS GENERAL INFORMATION AND IS INTENDED FOR ENTERTAINMENT PURPOSES ONLY. IT DOES NOT CONSTITUTE LEGAL ADVICE, NOR DOES IT CREATE ANY ATTORNEY-CLIENT RELATIONSHIP. FOR LEGAL ADVICE ON YOUR PARTICULAR MATTER, CONSULT YOUR ATTORNEY.

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Answered on 5/16/12, 9:58 am
Gregory Napier Troutman & Napier, PLLC

So long as the surgery is not a voluntary plastic surgery, the courts in the Eastern District of Kentucky will likely allow for something like this.

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Answered on 5/16/12, 10:31 am


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