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cortrightlaw, Attorney
Category: Bankruptcy Law
Satisfied Customers: 513
Experience:  Attorney practicing Bankruptcy Law including Chapter 7, Chapter 11, Chapter 12, and Chapter 13.
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If I cant afford to continue to pay chapter 13 payment, what

Customer Question

If I can't afford to continue to pay chapter 13 payment, what option do I have beside file chapter 7?
Submitted: 4 years ago.
Category: Bankruptcy Law
Expert:  cortrightlaw replied 4 years ago.

cortrightlaw : You really have three choices, you might be able to file a motion to lower your payment depending on your specific circumstances, you can convert to a chapter 7 if you qualify, or you can dismiss your case in its entirety.
JACUSTOMER-he4plz07- :

I asked my attorney to low my payment, however; my attorney told me my payment is only pay mortgage past due and current payment, car loan only. He can't low my payment anymore. Can I file anything to force my mortgage company to modify my loan ?

JACUSTOMER-he4plz07- :

I submit all document to my mortgage company to modify my loan over 2 months. They haven't done anything; due to I'm in chapter 13 protection like they told me. They have no rush to modify my loan. Now what type motion should I file to force them to modify the loan?

JACUSTOMER-he4plz07- :

I filed chapter 13 over 9 months; recently I lost my job, we might not caught up chapter 13 payment from now. Like you mentioned earlier we can file a motion to lower our payment. Because our attorney refused to do so, due to our payment only included mortgage and car loan. So he said he can't low the payment anymore.

cortrightlaw :

Unfortunately you can not force your mortgage company to lower your monthly payment, it is voluntary for them to adjust it if they see fit and very few are reducing payments at this time. And as to your attorney he is giving you the correct advice the court can not lower your payment if you are just paying your past due mortgage and secured debt like a car.

JACUSTOMER-he4plz07- :

my payment is past due and current payment plus late fee and car loan. I was thinking about; can I just pay past due for now or just pay current payment now, and put past due amount to loan..

cortrightlaw :

Are you talking about the past due on the car, or on the trustee payment? If it is the car you need to get it current before the lender brings a motion for relief from the bankruptcy stay and moves to repossess the car. If it is the trustee payment usually if you become 2 months past due they will bring a motion to dismiss or convert your case.

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