If we will not be able to pay the monthly payment that was originally figured in our Chapter 13 plan, can we amend it?
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If we will not be able to pay the monthly payment that was originally figured in our Chapter 13 plan, can we amend it?
We have a car payment and a few other monthly payments that we overlooked by mistake. How can we add these items?
Asked on October 17, 2011 under Bankruptcy Law, Colorado
Answers:
Mark J. Markus / Mark J. Markus, Law Offices of
Answered 13 years ago | Contributor
You need to file a motion to modify your plan. Whether or not it will be granted depends on your judge and whether anyone objects. If you had expenses you didnt' list in your initial papers, you better have a good reason other than just "you forgot" since you did file those papers under penalty of perjury. If these are new expenses that arose after your case was filed, then it's no problem (but you still have to file a motion). Whether that would leave your plan infeasible depends on what types of debts you have (some need to be paid 100%) and the value of your non-exempt assets.
Mark J. Markus, Attorney at Law
Handling exclusively bankruptcy law cases in California since 1991.
http://www.bklaw.com/
bankruptcy blog: http://bklaw.com/bankruptcy-blog/
Follow Me on Twitter: @bklawr
Mark J. Markus / Mark J. Markus, Law Offices of
Answered 13 years ago | Contributor
You need to file a motion to modify your plan. Whether or not it will be granted depends on your judge and whether anyone objects. If you had expenses you didnt' list in your initial papers, you better have a good reason other than just "you forgot" since you did file those papers under penalty of perjury. If these are new expenses that arose after your case was filed, then it's no problem (but you still have to file a motion). Whether that would leave your plan infeasible depends on what types of debts you have (some need to be paid 100%) and the value of your non-exempt assets.
Mark J. Markus, Attorney at Law
Handling exclusively bankruptcy law cases in California since 1991.
http://www.bklaw.com/
bankruptcy blog: http://bklaw.com/bankruptcy-blog/
Follow Me on Twitter: @bklawr
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