Can I get a temporary suspension on my Chapter 13 if I plan on making up the payments by extending my plan to make up for the missed payments of about 16 Answers as of March 04, 2014

I have been in a Chapter 13 for a year now. I want to change job opportunities, the new employer will have me going through 7 weeks of training at a rate of $400 -$425 per week until training is complete then I can be making more money than I do now. The VA has paid for my schooling to get my class A Commercial Driver’s License and I have a great job opportunity, however if I cannot get my payments temporary suspended I will miss this opportunity and have to justify with the VA why I need to go back to school for a refresher course when I just graduated.

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Janet A. Lawson Bankruptcy Attorney
Janet A. Lawson Bankruptcy Attorney | Janet Lawson
Yes, you can do that. It requires a motion, but beware - they might up your payments based on additional income, and you cannot go over 60 moths.
Answer Applies to: California
Replied: 3/4/2014
Joseph Lehn, Esq
Joseph Lehn, Esq | Lehn Law, PA
This may be possible. You can file a Motion to Abate payments asking to not make a payment on the specific months. You must however make arrangements to pay these payments over the life of your plan by either adding additional months to your plan or increasing your monthly payment amount.
Answer Applies to: Florida
Replied: 3/3/2014
The Law Office of Darren Aronow, PC
The Law Office of Darren Aronow, PC | Darren Aronow
Not likely but your attorney would have to file a motion and see if the trustee and judge will go for it.
Answer Applies to: New York
Replied: 2/28/2014
Law Office of Michael Johnson
Law Office of Michael Johnson | Michael Johnson
No but it will take a couple of months for the trustee to file a deficiency then you can catch up or have your attorney file a motion to modify.
Answer Applies to: Florida
Replied: 2/28/2014
Deborah F Bowinski, Attorney & Counselor at Law | Debby Bowinski
You need to speak to your lawyer about these questions.
Answer Applies to: Colorado
Replied: 2/28/2014
    Tokarska Law Center
    Tokarska Law Center | Kathryn U. Tokarska
    A Chapter 13 Plan cannot exceed 60 months. You haven't indicated if you are in 60 month plan or 36 month or something in between. Check with your attorney about modifying the terms of the Plan. It might be possible to lower or suspend payments for a while if you can increase the payments later but whether this in fact can be achieved in your particular case will depend on more information than what was provided in your question.
    Answer Applies to: California
    Replied: 2/28/2014
    Rosenberg & Press
    Rosenberg & Press | Max L. Rosenberg
    Technically, it may be very difficult to suspend chapter 13 payments and keep chapter 13 intact. However you may convert your chapter 1312 Chapter 7 bankruptcy without payments for you Macy's making payments and try to cure the chapter 13 bankruptcy further on. However that may only allow for several months before you are thrown out of a chapter 13.
    Answer Applies to: Connecticut
    Replied: 2/28/2014
    A Fresh Start
    A Fresh Start | Dorothy G Bunce
    You would need to submit an application to ask, but this kind of thing is not uncommon and your request isn't unreasonable.
    Answer Applies to: Nevada
    Replied: 2/28/2014
    The Law Office of Mark J. Markus
    The Law Office of Mark J. Markus | Mark Markus
    Absolutely. You can file a Motion to Modify or Suspend your plan payments to accomplish what you seek. How far you can extend your plan or change your payments depends on a bunch of different factors, including how long your present plan is, what your new budget will be, what debts are required to be paid 100% through your plan (such as mortgage arrears, certain taxes, etc.), and much more. Your attorney will be able to advise you on the particulars.
    Answer Applies to: California
    Replied: 2/28/2014
    Law Office of Marlin Branstetter
    Law Office of Marlin Branstetter | Marlin Branstetter
    You need to make a motion to the bankruptcy court requesting plan payments be suspended or modified. If you can show that you can make up the payments without extending the plan beyond 60 months or reducing the base amount paid to unsecured creditors you have a good chance of having the motion granted. You should contact the attorney who filed your bankruptcy and discuss this him/her.
    Answer Applies to: California
    Replied: 2/28/2014
    Heineman Law Office
    Heineman Law Office | Jeff Heineman
    No immediate answer can be given for your situation. There are too many considerations that an attorney would need to consider. If you are in a 13, I assume you have an attorney. Getting a temporary suspension is not a part of the Code. It may be possibly with some cooperation from the Chapter 13 trustee, likely by lowering your payments for a while then raising them later to make up the difference.
    Answer Applies to: Idaho
    Replied: 2/28/2014
    Goldsmith & Guymon
    Goldsmith & Guymon | Marjorie Guymon
    You can amend your plan but you must make some type of minimum payment.
    Answer Applies to: Nevada
    Replied: 2/28/2014
    Law Offices of Linda Rose Fessler | Linda Fessler
    Ale a motion to modify your plan.
    Answer Applies to: California
    Replied: 2/28/2014
    Law Offices of Eric W. I. Anglin
    Law Offices of Eric W. I. Anglin | Eric W. I. Anglin
    You need to speak to your attorney and likely will have to file a motion to modify your plan or wait for the trustee to file a motion to dismiss for failure to make the plan payments and then you can work with the trustee to modify your plan.
    Answer Applies to: Indiana
    Replied: 2/28/2014
    Steele, George, Schofield & Ramos, LLP
    Steele, George, Schofield & Ramos, LLP | Alan E. Ramos
    You can modify your plan to deal with your realities (which may require an increase in payments due to your increase in pay); however, you cannot extend your plan beyond 60 months. This answer was provided as a public service to a question posed on the Law Q & A website. The answer is based on the information provided and is limited to those facts. Furthermore, the answer is based on California law and their application to bankruptcy law in California. Additional information could change the context of the question and materially change the answer.
    Answer Applies to: California
    Replied: 2/28/2014
    Law Office of Lynnmarie A. Johnson
    Law Office of Lynnmarie A. Johnson | Lynnmarie Johnson
    Probably, talk to your attorney and they can tell you the procedures in your area!
    Answer Applies to: Michigan
    Replied: 2/28/2014
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