Legal Question in Bankruptcy in Ohio

Unable to make chapter 13 payments antmore

My husband and I filed a joint Chapter 13 on May 19th. On July 23rd. my husband got fired from his job. We contacted our attorney and he just said to let him know when he gets a job. It has been three weeks and still no job. We are afraid we aren't going to be able to make payments until he finds a job. We have paid almost 600.00 into the plan already. Is there any way we will get this money back?

Asked on 8/10/03, 7:33 pm

2 Answers from Attorneys

Jay Maynard Attorney at Law

Re: Unable to make chapter 13 payments antmore

If you are unable to make your Chapter 13 plan payments due to a decrease in income, your attorney should prepare a Motion to Modify Chapter 13 Plan Payments if your situation warrants -- or you may need to file a Motion to Convert (if proper for your case) and file a Chapter 7 instead. I strongly suggest you speak with your attorney immediately before the Trustee discharges your case.

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Answered on 8/10/03, 9:30 pm

Steven Schiller Steven L. Schiller, Attorney at Law

Re: Unable to make chapter 13 payments antmore

You can file a motion with the bankruptcy court requesting a "payment vacation" of several months (if you are on a chapter 13 plan of less than 60 months), or, you may be able to convert your case to a chapter 7, or voluntarily dismiss it. if converted or dismissed, the money paid in is generally returned to you IF it hasn't already been paid out to creditors.

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Answered on 8/11/03, 6:48 am

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