Motion to Dismiss

[tjent6]

I have been in a chpt 13 since Dec of last year. I had to stop making the payments that I couldn't really afford in the first place. I can't convert to a 7. I just got the motion to dismiss from the court and I want to modify the plan. But with my expenses I am barely left with a couple hundred for miscellaneous expenses. Any suggestions?

[rrockinggramma]

contact your attorney and see if a modification can be done at this point. What circumstances have changed from filing time to now. Your other option is to let it go and refile. But would your payment still be unaffordable? What were the reasons for the unaffordable payment to begin with?

[justbroke]

I have been in a chpt 13 since Dec of last year. I had to stop making the payments that I couldn't really afford in the first place. I can't convert to a 7. I just got the motion to dismiss from the court and I want to modify the plan. But with my expenses I am barely left with a couple hundred for miscellaneous expenses. Any suggestions?

Well, sounds like your Plan may hae been too tight. However, the Chapter 13 Plans are not suppose to provide you with luxuries and lots of surplus cash -- unless you had a creative lawyer.

You need to find out why your Plan doesn't work and why you're having issues. Did you lose income? Was it always like this?

A Chapter 13 can be difficult for many who can't budget. If you're a single debtor with no dependents, it can be the worst as you'll be committing serious portions of your income to debt repayment.

[Flamingo]

Your Plan would not have been confirmed if you could not afford the payments in the first place. Those of us having gone through a Chapter 13 will tell you it is not a walk in the park in the warm spring rain with flowers sprouting up. The main reason for not being able to make plan payments is not being able to make the lifestyle change that automatically comes with filing a Chapter 13. There should be an award for those who can do that and get through the Plan, believe me. You don't state what was the cause of you not being able to make Plan payments. If there was a drop in income or a rise in your expenses causing problems and you could not make the Plan payments, you should have contacted your attorney immediately. Once anyone in a Chapter 13 finds they cannot make a Plan payment, one just cannot let it go...contact one's attorney immediately to avoid dismissal.

I don't know if you filed pro se but if you have an attorney, contact him/her immediately to go over your situation.

[holding on]

I would also echo the question about the reasons for not being able to afford the ch13 plan. you said you really couldn't afford it anyway, was this discussed with your lawyer (or did you file pro se)?

[justbroke]

There should be an award for those who can do that and get through the Plan, believe me.

Isn't the Discharge nice... if you're in a less than 100% plan?