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WALLSTREETESQ
WALLSTREETESQ, Attorney
Category: Bankruptcy Law
Satisfied Customers: 17222
Experience:  14 years exp., CH 7 AND 13 Bankruptcy cases, AFL-CIO UNION PLUS, UFT NYSID AND ALL MAJOR UNIONS
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Can a bankruptcy judge, because of medical hardship lower the

Customer Question

Can a bankruptcy judge, because of medical hardship lower the 13 payment
Submitted: 5 years ago.
Category: Bankruptcy Law
Expert:  WALLSTREETESQ replied 5 years ago.

WALLSTREETESQ :

Hello I am a licensed attorney here to help you with your question, please review my response and do not hesitate to ask for clarificati on

WALLSTREETESQ :

The debtor would have to file a motion to allow the Court to allow you to modify the chapter 13 plan to include your medical expenses,

WALLSTREETESQ :

If the medical expenses are severe you could file a motion to convert the chapter 13 to a chapter 7 bankruptcy as well.

WALLSTREETESQ :

One of the primary reasons that debtors' requests for modifications are granted is due to a change in financial circumstances.

WALLSTREETESQ :

You can also argue under the law that adherence to the current chapter 13 plan creates an undue hardship for you, and that you need to have it modified,

WALLSTREETESQ :

if the medical expenses are new, most often the Court will allow a modification