Few things in life remain the same forever. Luckily there are options for making changes, and this is true even if you are in a Chapter 13 bankruptcy case that has already been approved by the Court. Aside from having to repay a portion of your unsecured debt, a Chapter 13 bankruptcy is undesirable to most because of the belief that once a plan is made for repayment it cannot be altered. A lot of consumer debtors believe they will be tied to the payment for the duration of the case, which is usually 5 years. This can be scary, because circumstances change and without the ability to modify the plan it can feel like you are locked into an amount that might not work for the entire plan term.
The saving grace is that you can change your Chapter 13 plan payments when circumstances warrant a change. Common reasons for seeking a modification to your Chapter 13 plan payment schedule include:
● A decrease in income due to job loss or underemployment.
● An increase in expenses due to unforeseen circumstances that did not exist when the bankruptcy was filed.
● Underestimating the amount of claims that creditors will make in the Chapter 13 case, which can mean the proposed plan payment needs to increase. This can require a debtor to modify the plan to account for an increased payment need.
● Seeking a reduction in the plan payment amount as certain debts pay off during the pendency of the case.
The critical thing to remember is that you are not “stuck” with a confirmed Chapter 13 plan if your circumstances change. You will have to ask for the Court to approve a modification, but this task is simple in comparison to complying with a confirmed plan that no longer meets your needs. The process is worth the results and skilled bankruptcy attorneys can help make sure your are satisfied with the results.
If you need help with a Chapter 13 matter after the Plan has been confirmed, call our office. We explain the process and help you reach results that fit the facts of your case. Call a Plantation, Florida debt relief attorney today for more information.
