How JustAnswer Works:

  • Ask an Expert
    Experts are full of valuable knowledge and are ready to help with any question. Credentials confirmed by a Fortune 500 verification firm.
  • Get a Professional Answer
    Via email, text message, or notification as you wait on our site.
    Ask follow up questions if you need to.
  • 100% Satisfaction Guarantee
    Rate the answer you receive.

Ask Roger Your Own Question

Roger, Attorney
Category: Bankruptcy Law
Satisfied Customers: 26626
Experience:  BV Rated by Martindale-Hubbell; SuperLawyer rating by Thompson-Reuters
Type Your Bankruptcy Law Question Here...
Roger is online now
A new question is answered every 9 seconds

I just found out that although she filed for a Chapter 7, she

Customer Question

I just found out that although she filed for a Chapter 7, she was told to change it to a
chapter 13. Initially, they said I have to pay $1400 a month. I do not have that kind of money. They then reduced it to $550.00. Even that has been difficult for me, but I made two payments. ----------Now my lawyer said that she was unaware of certain items - so we have to adjust the plan again. According to her, she expects the sum to be close to the original $1400. ++=== I NEED TO KNOW IF THIS TRUSTEE CAN MAKE THE PLAN SO HIGH THAT I WILL HAVE TO MOVE???
Submitted: 1 year ago.
Category: Bankruptcy Law
Expert:  Roger replied 1 year ago.
Hi - my name is Kirk and I'm a Bankruptcy litigation attorney. Thanks for your question concerning this issue, which I understand is very stressful.

Unfortunately, the trustee and your creditors have the right to demand payment in order to ensure adequate protection to your creditors Generally, this means that creditors lien rights to your collateral should never be in jeopardy - - meaning that the collateral's value will decrease faster than you pay off the debt.

Thus, the creditors and trustee have a right to demand payment in an amount that will prevent this from happening, and unfortunately, if you don't have enough money to make the payments the creditors demand, and if the judge will not approve your proposal, you may have to convert your case to a chapter 7.

On the other hand, if you can prove that the collateral will not decrease in value faster than you can pay it off, you certainly can make a case for your plan to be confirmed.

It all boils down to cash flow and whether or not the judge will allow you to extend the repayment terms farther than the creditor is agreeable to allow. Most judge's are more debtor-friendly and will allow repayment on a mortgage to extend 20-30 years.

If you can prove to the judge that the creditor is adequately protected by the value of its collateral, then you can make a case to have the payments stay where they currently are.
Expert:  Roger replied 1 year ago.

I hope the above response answers your question. However, if you have any additional questions, please let me know and I'll be glad to respond. Also, please remember to positively rate our conversation so that I may receive credit for my research and response.



JustAnswer in the News:

Ask-a-doc Web sites: If you've got a quick question, you can try to get an answer from sites that say they have various specialists on hand to give quick answers... seen a spike since October in legal questions from readers about layoffs, unemployment and severance.
Web sites like
...leave nothing to chance.
Traffic on JustAnswer rose 14 percent...and had nearly 400,000 page views in 30 days...inquiries related to stress, high blood pressure, drinking and heart pain jumped 33 percent.
Tory Johnson, GMA Workplace Contributor, discusses work-from-home jobs, such as JustAnswer in which verified Experts answer people’s questions.
I will tell you that...the things you have to go through to be an Expert are quite rigorous.

What Customers are Saying:

  • Mr. Kaplun clearly had an exceptional understanding of the issue and was able to explain it concisely. I would recommend JustAnswer to anyone. Great service that lives up to its promises! Gary B. Edmond, OK
< Last | Next >
  • Mr. Kaplun clearly had an exceptional understanding of the issue and was able to explain it concisely. I would recommend JustAnswer to anyone. Great service that lives up to its promises! Gary B. Edmond, OK
  • My Expert was fast and seemed to have the answer to my taser question at the tips of her fingers. Communication was excellent. I left feeling confident in her answer. Eric Redwood City, CA
  • I am very pleased with JustAnswer as a place to go for divorce or criminal law knowledge and insight. Michael Wichita, KS
  • PaulMJD helped me with questions I had regarding an urgent legal matter. His answers were excellent. Three H. Houston, TX
  • Anne was extremely helpful. Her information put me in the right direction for action that kept me legal, possible saving me a ton of money in the future. Thank you again, Anne!! Elaine Atlanta, GA
  • It worked great. I had the facts and I presented them to my ex-landlord and she folded and returned my deposit. The 50 bucks I spent with you solved my problem. Tony Apopka, FL
  • Wonderful service, prompt, efficient, and accurate. Couldn't have asked for more. I cannot thank you enough for your help. Mary C. Freshfield, Liverpool, UK

Meet The Experts:

  • FiveStarLaw


    Satisfied Customers:

    Bankruptcy Lawyer. Experienced.
< Last | Next >
  • FiveStarLaw's Avatar



    Satisfied Customers:

    Bankruptcy Lawyer. Experienced.
  • Terry L.'s Avatar

    Terry L.


    Satisfied Customers:

    Better Business Bur 15yrs bankruptcy experience. Chicago Bar
  • Phillips Esq.'s Avatar

    Phillips Esq.


    Satisfied Customers:

    B.A.; M.B.A.; J.D.
  • cortrightlaw's Avatar



    Satisfied Customers:

    Attorney practicing Bankruptcy Law including Chapter 7, Chapter 11, Chapter 12, and Chapter 13.
  • JoeLawyer's Avatar



    Satisfied Customers:

    Attorney in the practice of Bankruptcy Law since 1996
  • dylatess's Avatar



    Satisfied Customers:

    35 plus years of experience specializing in bankruptcy law
  • Brent Blanchard's Avatar

    Brent Blanchard

    Bankruptcy Attorney

    Satisfied Customers:

    Twelve years experience in all aspects of debtor & creditor BK.

Related Bankruptcy Law Questions