What happens if I miss some payments to the Chapter 13 Trustee in my Bankruptcy ?

Posted on July 16, 2013. Filed under: Chapter 13 Bankruptcy, Consumer Alerts | Tags: , , , , , |

For example, what if I have some emergency?

It is important for you not to miss any payments to the Trustee. When you file your Chapter 13, you get the benefit of prohibiting your creditors from taking any action against you. In exchange for that relief, you must complete your obligations under the plan. One of those obligations is making your payments to the Trustee on time as required. If you miss payments, the Trustee cannot pay your creditors as called for by your plan and the Trustee will be obligated to file papers with the Bankruptcy Court asking that your case be dismissed. If your case is dismissed, your creditors will be notified and they may resume collection against you.

If there is a serious change in your circumstances, you should notify your attorney as soon as possible, even before you miss a payment. Your attorney can reevaluate your financial situation and, if appropriate, modify your plan to reflect the changed circumstances. This process can take several weeks, so be sure to contact your attorney immediately if you foresee any problems with your payments.

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