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Ellen, Attorney
Category: Bankruptcy Law
Satisfied Customers: 36714
Experience:  Bankruptcy Lawyer. Experienced.
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My wife and I have filed for Chapter 13 Bankruptcy about 3

Resolved Question:

My wife and I have filed for Chapter 13 Bankruptcy about 3 years ago. We have filed 2 times because we could not make all the payments. Now we are behind 6 months and owe 11,000. We do not have the money to pay the 11,000. We received a letter today from Citi group telling us we have to pay the total balance by January 12th. We have done a couple changes to the Bankruptcy in the last couple of years. Should we start Bankruptcy over? Can we can a change to include the months behind? Do we have to pay it? What should we do?

Submitted: 7 years ago.
Category: Bankruptcy Law
Expert:  Ellen replied 7 years ago.
do you still need assistance?
Customer: replied 7 years ago.
Expert:  Ellen replied 7 years ago.

Thank you for your question.

There is a 4 year period barring a discharge in Chapter 13 under § 1328(f)(1) from the date of filing of the prior bankruptcy case.Therefore, you will want to consider filing an amended plan to incorporate the arrearages in your current chapter 13.
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