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Modifying Chapter 13 Debtor’s Repayment Plan or Suspending Payments

November 20, 2014
bankruptcy attorney in Lake County

Bankruptcy attorney in Lake CountyAt any point before confirmation, you may modify your Chapter 13 bankruptcy repayment plan. The modified plan just has to contain the essential terms. A bankruptcy attorney in Lake County can assist you to ensure that your case isn’t delayed.

After Confirmation of Plan

Once confirmation has occurred, a Chapter 13 repayment plan may be modified at the request of you, your trustee or by the holder of an unsecured claim. A hearing will occur, and the request must be approved by the court. Whoever is seeking the modification must provide all creditors and the trustee with at least 21 days’ notice of the impending hearing, and a copy of the modified plan must be included along with the notice. An objection may be filed by any party of interest, and it must be served on the trustee, the debtor and on all creditors. It is permissible to reduce the required payments by the amount you spend to buy health insurance for you and your family. Before incurring a new debt after the approval of your plan, you must receive permission from the trustee.

Suspending or Amending Payments from a Confirmed Plan

A court motion is needed to amend or suspend payments from a confirmed plan. The request may be made as long as the suspension won’t extend the plan by more than 60 months. To amend or suspend your payments, your financial circumstances must have changed, and the change must be outlined in the motion papers. You must attach proof of the change in circumstances to the motion papers along with updated versions of Schedules I and J. Also, a proposed amended plan must be included. In some jurisdictions, the Chapter 13 trustee must approve the modification. Copies of the motion papers need to be served on the trustee and all creditors who will be adversely affected by the modification or if the suspension will exceed 90 days. Your bankruptcy attorney in Lake County may request supplemental fees for modifying your repayment plan.

Hire an Experienced Bankruptcy Lawyer in Lake County Now

A bankruptcy may give you the fresh financial start you need. Contact Merideth Nagel, P.A., Attorney at Law at 352-404-4634.

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