What can I do if my bankruptcy payment was increased and I don't have that kind of money? 17 Answers as of August 08, 2013

My bankruptcy payments were increased by a judgment from 400 to 1990 twice a month. I don't make that much money. My checks are only 1600 every two weeks. What are my options?

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Law Office of Thomas C. Phipps | Thomas C Phipps
Try to amend your plan to lower your payments, or try to convert to a chapter 7.
Answer Applies to: Missouri
Replied: 8/8/2013
Johnson Law, PLLC | Todd Johnson
Talk to your attorney. I don't know enough facts to know why a judgment would make your payments go up. It might be possible to have your plan payments reduced and spread out. If not, your options would likely be to let your case be dismissed, convert to a chapter 7, or ask for a hardship discharge.
Answer Applies to: West Virginia
Replied: 8/8/2013
A Fresh Start
A Fresh Start | Dorothy G Bunce
I don't have a crystal ball. Certainly there is a reason why this happened. Without knowing what the reason is, I cannot offer you any solution. You ought to be talking to an attorney in person to review the complex paperwork.
Answer Applies to: Nevada
Replied: 8/8/2013
Rhymer Law Firm
Rhymer Law Firm | William Rhymer
I would suggest you talk with your lawyer to find out your options. What is best for you to do will be determined by the facts of your specific case. Every case has different facts. Your lawyer is in the best position to advise you.
Answer Applies to: Georgia
Replied: 7/31/2013
DeMars, Gordon, Olson, Zalewski & Wynner
DeMars, Gordon, Olson, Zalewski & Wynner | Matt Jenkins
If this is a chapter 13, you should discuss this in detail with your attorney. If that is the unavoidable monthly trustee fee, then your plan is unfeasible. You should really examine why you are in a 13 instead of a 7, and consider dismissing your case to file a 7.
Answer Applies to: Nebraska
Replied: 7/30/2013
    The Law Office of Darren Aronow, PC
    The Law Office of Darren Aronow, PC | Darren Aronow
    Make a motion to reduce your payments or convert to a chapter 7.
    Answer Applies to: New York
    Replied: 8/8/2013
    Law Office of Norman Moore
    Law Office of Norman Moore | Norman P Moore Jr
    Well, I would really need more information in order to advise you as to what to do. Your options seem limited. You either must pay, file a motion for reconsideration (to try to reduce the payment) or don't pay and let your case be dismissed. Normally, the payment in a 13 is based on ability to pay (and the desire to keep something that is secured by a debt). A judgment should not have raised the payment unless it is something that is not dischargeable. Like I said, I need more information.
    Answer Applies to: Wisconsin
    Replied: 8/8/2013
    Deborah F Bowinski, Attorney & Counselor at Law | Debby Bowinski
    Your question doesn't make sense. I don't see how a judgment could cause an increase in your plan payment like that. Call your lawyer and have him or her explain to you why the payment is what it is.
    Answer Applies to: Colorado
    Replied: 8/8/2013
    Sanford M. Martin, P.A. | Sanford M. Martin
    If the increased payment refers to a Chap 13 Plan, you must pay the amount, or inform the Chap 13 Trustee that you must amend the Plan, and reduce the payment, or withdraw from the case. Your question doesn't mention Chap 13 but we assume such is the case. If you can't accomplish the Plan, your only options are to amend the Plan, hopefully with the cooperation of the Trustee, or to file an objection in bankruptcy court to the changed Plan and explain to the court your difficulty in complying with the Plan.
    Answer Applies to: Florida
    Replied: 8/8/2013
    Law Offices of David A. Tilem | Michael Avanesian
    It probably means you got a bad attorney that doesn't know what they are doing. How can your payments increase without you 1. knowing about it and 2. being able to afford it? If you knew about it, why didn't you say anything before filing documents saying you would pay that amount. Furthermore, (I am assuming this is a chapter 13), why would your payments even fluctuate unless you're in a 100% plan? And even if you were, they should still be affordable, that's the whole point of bk.
    Answer Applies to: California
    Replied: 8/8/2013
    Danville Law Group | Scott Jordan
    Are you represented by an attorney? If yes, you should speak to your attorney. Otherwise, it is difficult to determine what your options are without additional information. What was the judgment for? Did you complete a new means test to see if you qualify for a Chapter 7 conversion?
    Answer Applies to: California
    Replied: 8/8/2013
    Janet A. Lawson Bankruptcy Attorney
    Janet A. Lawson Bankruptcy Attorney | Janet Lawson
    Your Ch 13 case is not feasible. Are you eligible for Ch 7? Was this a judgement on a non-dischargeable debt? Unfortunately I don't know enough about the case to answer this.
    Answer Applies to: California
    Replied: 8/8/2013
    The Law Offices of Deborah Ann Stencel | Deborah A. Stencel
    I think the answer depends on why your payments were increased so dramatically. If it is due to the means test, there is one set of possibilities. If the change is due to equity or to the types of debt you have, there are two other sets of possibilities. If you have an attorney, you need to discuss this with him or her. If the trustee made this change by motion, I would be surprised since it sounds like your plan is completely unfeasible and the proper thing to do would have been to file a motion to dismiss. Short answer: you haven't provided enough information to answer your question. Rather than revealing all of your information on an online forum, consult with an experienced bankruptcy attorney.
    Answer Applies to: Wisconsin
    Replied: 8/8/2013
    Mark S Cherry, Attorney at Law, PC
    Mark S Cherry, Attorney at Law, PC | Mark Cherry
    Your attorney should discuss conversion of the case to a Chapter 7, or Motion to withdraw the filing altogether. There are too many facts unknown to give any advice.
    Answer Applies to: New Jersey
    Replied: 8/8/2013
    Stuart P Gelberg
    Stuart P Gelberg | Stuart P Gelberg
    I don't understand how your payments were increased without your consent. If they were increased and you can't afford them or you must increase the payments and can't afford the increase, it seems that your case will be dismissed.
    Answer Applies to: New York
    Replied: 8/8/2013
    The Orantes Law Firm
    The Orantes Law Firm | Giovanni Orantes
    Your question does not offer enough facts to advise you properly. To increase your payment by that much, I would guess the judgment is quite large and its character may now qualify you for Chapter 7 relief or you may need to convert to a Chapter 11 case. In any event, there are so many variables to consider that the only way for you to get a full answer is to consult an experienced bankruptcy attorney.
    Answer Applies to: California
    Replied: 8/8/2013
    Stittleburg Law Office
    Stittleburg Law Office | Bernd Stittleburg
    File an amended plan or convert to Chapter 7 if you cannot afford to do the 13 any longer.
    Answer Applies to: Georgia
    Replied: 8/8/2013
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