When Chapter 13 Plan Hits Trouble (Published at ConsiderChapter13.org on 12/20/10. First published by the Bankruptcy Law Network on 12/11/10)

By Cathy Moran

Have the wheels come off your Chapter 13 plan?

All is not necessarily lost if you find you can’t make the monthly payment in a confirmed Chapter 13 case. There are several options to letting the case get dismissed for non-payment.

Plan modification

The Bankruptcy Code allows a debtor to modify the terms of a plan or even to apply for a discharge without completing the promised payments.

One of the strengths of Chapter 13 is its flexibility. While requiring the debtor to make payments from . . .

It looks like you are not signed in or registered! This content is only available to members.

Or Sign In Below:

No Author Biography has been linked to this Article.

Related Articles

Copy of Hildebrand-2016
March 16, 2025
In order to discharge a government guaranteed student loan, the Brunner test requires satisfaction of all three principal tests. Failure to meet any of the tests results in no discharge.
Members
JenLee_Headshot
January 19, 2025
“Technology isn’t a replacement for the human element of your practice—it’s a solution to the logistical headaches that prevent you from being the attorney your clients need.” See also: Spitballing Chapter 13’s Image Makeover Ditch the Bankruptcy Jargon—Marketing Chapter 13 as the Ultimate Solution (Note that there are a few comments on this article.) Think Chapter 13 needs an image makeover? Let us hear from you.
Members
March 15, 2020
By Professor Nancy Rapoport, University of Nevada Dear Readers: The marvelous, indefatigable Regina Logsdon just forwarded me this hypothetical: Post-confirmation, debtor/client gets upset with attorney. Let’s assume for this scenario that the attorney hasn’t done anything wrong – perhaps just a difference of opinion on a plan modification (or not). Debtor/client says ugly things to attorney – name-calling, etc. THEN...
Members
October 31, 2021
By Eric K. Fox, Esq. (Hendersonville, TN) Jane Debtor has a home with a mortgage. An unsecured creditor obtains a judgment against Jane for, say, a credit card debt. Creditor’s attorney records a certified copy of the judgement order with the county register of deeds, thereby converting the unsecured claim against Jane in personam, to a secured claim against her...
Members
Paek _Kyu judge 7 24
July 21, 2024
Selection of Kyu Young (Mike) Paek to Serve as Bankruptcy Judge in the Southern District of New York. See also: ABI 40 Under 40
Academy-emeritus-Logo-gold3
August 25, 2024
As a follow up to No Gracie, LLCs May Not File Chapter 13, we posed some questions to the NACTT Emeritus Trustees group. We think you will find their answers interesting and thought provoking.
Members
Copy of Hildebrand-2016
August 14, 2022
Where a stipulation of a settlement of an objection to confirmation provided that a creditor’s claim would be “excepted from discharge pursuant to 11 U.S.C. § 523(a)(6)”, the stipulation would not prevent the discharge of the claim based upon a breach of fiduciary duty, tortious interference with business relations, unfair competition, defamation, and conversion which resulted in a state jury...
Members
November 24, 2019
By Henry E. Hildebrand, III, Chapter 13 Standing Trustee (Nashville, TN) One of the most confusing elements in consumer bankruptcy practice is the effect of electing the option given in § 1325(a)(5)(C) or § 521(a)(2). Section 521(a)(2) requires every debtor to file a statement of intent that indicates whether the debtor intends to “surrender or retain” estate property which secured...
Members
Angela scolforo
September 11, 2022
The Mississippi Bankruptcy Court in The Huntington National Bank vs. Ashley Mosby, case #21-11614, adversary case #21-1028, on September 1, 2022, denied the bank’s request to declare a debt non-dischargeable because the bank did not rely upon the debtor’s false statement. In this case the Debtor purchased a 2020 Dodge Challenger, financed by the bank, without disclosing she intended to...
Members
Consumer Bankruptcy Education
June 23, 2024
Well, they expired . . . As you know, Congress temporarily raised the debt limits for Subchapter V and Chapter 13 debtors. These increased debt limits expired June 21st. For Chapter 13 the maximum is $465,275 for unsecured debt and $1,395,625 for secured debt.

Looking to Become a Member?

ConsiderChapter13.org offers a forum to advance continuing education of consumer bankruptcy via access to insightful articles, informative webinars, and the latest industry news. Join now to benefit from expert resources and stay informed.

Webinars

These informative sessions are led by industry experts and cover a range of consumer bankruptcy topics.

Member Articles

Written by industry experts, these articles provide in-depth analysis and practical guidance on consumer bankruptcy topics.

Industry News

The Academy is the go-to source for the latest news and analysis in the Chapter 13 bankruptcy industry.

To get started, please let us know which of these best fits your current position: