Can I defer a payment on my chapter 13? 17 Answers as of August 08, 2014

I have changed positions in my job and had to take a pay cut. I just need to get back on track.

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Barnhart Law Office
Barnhart Law Office | Bruce C Barnhart
Maybe. Motions to suspend payments for a few months are common. However, if the suspension causes your plan to exceed 60 months, the court may not allow the suspension.
Answer Applies to: Nebraska
Replied: 8/8/2014
GARCIA & GONZALES, P.C.
GARCIA & GONZALES, P.C. | Richard N. Gonzales
Ask the Chapter 13 Trustee. Normally you would have to file a post confirmation modification. Talk to your lawyer about your options.
Answer Applies to: Colorado
Replied: 8/7/2014
Stephens Gourley & Bywater | David A. Stephens
That depends a lot on your plan, your trustee and your ability to make up the deferred payment within the plan time period.
Answer Applies to: Nevada
Replied: 8/5/2014
The Law Office of Darren Aronow, PC
The Law Office of Darren Aronow, PC | Darren Aronow
You have to file a motion to amend your chapter 13 plan.
Answer Applies to: New York
Replied: 8/5/2014
Eranthe Law Firm
Eranthe Law Firm | Cate Eranthe
No, but you should speak with your attorney about amending the plan. The payment can be changed to reflect your current circumstances.
Answer Applies to: California
Replied: 8/5/2014
    Idaho Bankruptcy Law | Paul Ross
    Yes, visit with your attorney to file the appropriate motion to get this done.
    Answer Applies to: Idaho
    Replied: 8/4/2014
    Ronald K. Nims LLC | Ronald K. Nims
    You need to petition for a modification of your Chapter 13 plan. Since your income has been reduced, there is a question whether your plan is feasible at your lower income level, if it is the court can order a change to accommodate your changed circumstances.
    Answer Applies to: Ohio
    Replied: 8/4/2014
    Law Office of Marlin Branstetter
    Law Office of Marlin Branstetter | Marlin Branstetter
    You make request a modification or suspension of your plan payment.
    Answer Applies to: California
    Replied: 8/4/2014
    EDWARD P RUSSELL | EDWARD P RUSSELL
    If you have missed two or more payments and the Ch 13 trustee has made a motion to dismiss or convert you can request a cure order which will allow you to make up the missed payments over 6 months.? If the pay cut is permanent and you will have difficulty making future payments you can make a motion to modify you post confirmation plan so that you pay a lessor monthly amount for the remaining time of the plan.
    Answer Applies to: Minnesota
    Replied: 8/4/2014
    Moore Taylor Law Firm, P.A.
    Moore Taylor Law Firm, P.A. | Jane Downey
    Ask your lawyer about filing a motion for a moratorium.
    Answer Applies to: South Carolina
    Replied: 8/4/2014
    Lynch Law Offices, P.C. | Roseanne N. Lynch
    Yes, it may be possible. Speak to your lawyer about modifying your plan payments.
    Answer Applies to: Illinois
    Replied: 8/4/2014
    Law Office of Michael Johnson
    Law Office of Michael Johnson | Michael Johnson
    NO but you may be able to modify your plan to lower your payment.
    Answer Applies to: Florida
    Replied: 8/4/2014
    Bunch & Brock, Attorneys-at-Law
    Bunch & Brock, Attorneys-at-Law | W. Thomas Bunch II
    Absolutely! You need to talk with your bankruptcy attorney and file a motion to suspend the payments required by your plan for 30, 60 or 90 days (whichever is appropriate). However, since you had a pay cut, you need to talk with your attorney about modifying the confirmed plan on a permanent basis.
    Answer Applies to: Kentucky
    Replied: 8/4/2014
    A Fresh Start
    A Fresh Start | Dorothy G Bunce
    How serious is this pay cut? Is it substantial or modest? Is the cut permanent or temporary? What goal were you trying to achieve with your Chapter 13? It is possible to modify a plan after confirmation, but doing this is an ordeal. Moreover, if paying off certain large debts (such as the IRS, mortgage arrearage, vehicle loan, etc) was crucial to your plan, you still have to have full payment of these debts when your plan ends or you may not be able to accomplish your Chapter 13 goals. The problem with your question is that it needs specific information to provide you with the answer you need.
    Answer Applies to: Nevada
    Replied: 8/4/2014
    Law Offices of Daniel J Winter
    Law Offices of Daniel J Winter | Daniel J Winter
    Call your lawyer to discuss it. Without more facts, it is impossible to know whether you are able to do it. If you don't have a lawyer, get one.
    Answer Applies to: Illinois
    Replied: 8/4/2014
    Janet A. Lawson Bankruptcy Attorney
    Janet A. Lawson Bankruptcy Attorney | Janet Lawson
    That depends on your local trustee. Send what you can and then a bit more to catch up. Some courts are more forgiving than others.
    Answer Applies to: California
    Replied: 8/4/2014
    Goldberg, Scudieri & Lidenberg, P.C. | Alan J. Goldberg, Esq
    You can make an application to the court to modify your plan. This must be done by motion. If you have a 36 month plan you can seek to extend it. There are other options depending on the specifics of your debts. If you have an attorney you should contact your attorney. If you do not have an attorney, at this point, it would be advisable for you to retain one.
    Answer Applies to: New York
    Replied: 8/4/2014
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