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cfortunato, Attorney
Category: Bankruptcy Law
Satisfied Customers: 8023
Experience:  Bankruptcy professor.
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I am currently in bankruptcy, I have a 2 cars and taxes jn

Resolved Question:

I am currently in bankruptcy, I have a 2 cars and taxes jn it. My daughter drives 1 car, and my other car is broke down. I need bother vehicle. My current "attorney" is worthless and I talked to a bankruptcy clerk and they said I would need to appear in front of a judge to see if I can surrender the car and get my payments lowered a little so I can afford a different car.

How can I go about getting before a judge. This is the state of Florida.

I want to surrender the vehicle that is broken down, and get whatever money that is applied monthly to that debt, removed off the total. Is it possible that the judge will say they will not lower it?

I need the money taken off so I can actually afford a new car payment.
Submitted: 6 years ago.
Category: Bankruptcy Law
Expert:  cfortunato replied 6 years ago.

Hi JACustomer,

Is this for a Chapter 13 Bankruptcy?

Customer: replied 6 years ago.
Expert:  cfortunato replied 6 years ago.

Your attorney has to file a Motion to Modify the Payment Plan. You cannot do this - your attorney must do it.

cfortunato and other Bankruptcy Law Specialists are ready to help you
Customer: replied 6 years ago.
How many tmesnis my attorney allowed to do that? And are judges receptive to it?
Expert:  cfortunato replied 6 years ago.

Your attorney is allowed to file that motion as many times as necessary - as many times as your financial circumstances change.

And yes - judges allow the change(s) in most cases.

Customer: replied 6 years ago.
Ok great. Will it start my bankruptcy over again and make me have to pay legal fees yet again? Or will it continue under same bankruptcy plan with just the payments changed?
Expert:  cfortunato replied 6 years ago.

Having one's plan modified only changes the payment amounts - it does not change the timeframe, and does not re-start the Bankrutpcy.

However, there is a filing fee for the motion, and you will have to pay something to your attorney to file the motion.