Legal Question in Bankruptcy in Texas

Refilling bankruptcy

i did not keep up with backruptcy payments, and was discharged. i could not keep up with payments because i was and still on workmans comp.and only receiving 70% of my wages. had 1st. surg. in nov. and will have 2nd. 1/5/97. now creditors are wanting to take my vehicles away. please help if possible. need info. asap.


Asked on 12/30/97, 12:51 am

1 Answer from Attorneys

Patrick A. T. West Ohio Ticket Defense Patrick A. T. West, Attorney at Law

Couldn't keep up with Chapter 13 payments

Did you tell your lawyer (the one who did the Chapter 13 for you) about your injury and that you were off work with no or limited income?

Did you tell the Chapter 13 Trustee about your injury and that you were off work with no or limited income?

Had you done either, you could have amended your plan to reduce the payments during the time you were receiving worker's conpensation.

Now, if your Chapter 13 has been dismissed, the only thing you can do is re-file (which you may unless the bankruptcy court in the dismissal order enjoined you from filing for a certain number of days/weeks/months, etc.

Now, you have to hire another attorney (or re-hire the one who did the original Chapter 13) and re-pay the filing fee UNLESS your attorney can convince the bankruptcy court to re-open your case for the purpose of temporarily modifying your plan.

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Answered on 12/30/97, 12:10 pm


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