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Self employed can ch 13 payment be reduced?

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    Self employed can ch 13 payment be reduced?

    Hi. I am self employed and my income has dropped dramatically in the time since we've filed. We own our home and have a rental property my mother in law is living in. We are 3 months into paying $975/mo and are not paying at 100% payback.

    My question is this. If the income can be verified can our payments be reduced to a more managable amount? We need to and want to keep both homes.

    Thank you.

    #2
    Well, your statement about "needing" to keep is never true for anyone, but "wanting" to keep is more accurate. There are always housing options.

    If your only 3 months in, has your plan even been through confirmation? If you are pre-confirmation, you can amend your plan at anytime. If you are post confirmation, you need to file a Motion to amend your plan. If you are only 3 months in, I would expect an uphill battle on getting the plan amended this early, but if you have good documentation the court may approve the reduced payment.
    Last edited by HHM; 05-19-2009, 07:05 AM.

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      #3
      It has been confirmed. Thanks for your response. I have sent an email to my lawyer asking for options. My income has decreased an average of $2000/mo since the plan was proposed.

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        #4
        We are going in to see our lawyer today to change ours. I work in direct sales- so technically I am self-employed. Business has been really bad for me with the economy the way it is, I've lost my "team", I no longer make money from their sales. Our lawyer made us wait 30 days from the time I lost my team to prove there was no money coming in. I was contributing $971(according to our court papers... it fluctuated each month depending on my team sales) a month to our household income (after business expenses, taxes,etc).
        We are amending ours and I am basically giving up the job. We have to pay $600 to go through this process again, we just filed in December.
        Good luck to you!
        Last edited by MommyMc; 05-19-2009, 06:47 AM. Reason: type-o's

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          #5
          Let me know how you make out and I'll do the same. I'm waiting to hear back from my lawyer now.
          Good luck to you too!

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            #6
            I had a severe drop in sales and my payment was dropped to $100 per month for the next three months based on my attorney filing the motion.... If things dont pick up
            in three months then I will be converting from 13 to 7
            Started in Chapt 13 Switched to Chapt 7 Discharged 2009 Dec.........Filed New Chapt 13 in 2010 to deal with new surgery bill and stripped second mortgage! The story continues

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              #7
              Car67, do you own a home and or car payment and are they in the 13.

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                #8
                Originally posted by nomoneyinsc View Post
                It has been confirmed. Thanks for your response. I have sent an email to my lawyer asking for options. My income has decreased an average of $2000/mo since the plan was proposed.
                With that large a drop can you actually afford to keep your home? How much equity is in the house?
                _________________________________________
                Filed 5 Year Chapter 13: April 2002
                Early Buy-Out: April 2006
                Discharge: August 2006

                "A credit card is a snake in your pocket"

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                  #9
                  yes I have home and car payment not in the plan paid outside
                  Started in Chapt 13 Switched to Chapt 7 Discharged 2009 Dec.........Filed New Chapt 13 in 2010 to deal with new surgery bill and stripped second mortgage! The story continues

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