Falling Behind on your Chapter 13 Payments

Falling Behind on your Chapter 13 Payments2023-03-08T22:01:27-07:00

The payment plan in a chapter 13 is the core of the bankruptcy case.  The payment plans lays out how much each creditor will receive, how long the debtor will have to pay, the value of the debtor’s property, and more.  The amount you pay will be based on your “disposable income.”  As the petitioner your goal is to stay current with your payments to the trustee, which are usually monthly. Included in your monthly payments will be payments made to your attorney instead of paying your attorney up front in a Chapter 7.  Once you have successfully made each payment on time, you will be granted a discharge on remaining debts.

Unfortunately, clients often fail to follow the payment plan and find themselves in jeopardy of having their case dismissed.  However, do not panic, there are still options available depending on your current financial position, and if you qualify.

For starters, if there is unexpected emergency don’t be afraid to request more time to catch up on your delinquent payments.  Courts understand there are temporary emergencies and will work with you to get back on track if you notify the court promptly.

Second, you might have the option to modify your chapter 13 plan when you involuntarily lost your job, or you wages were significantly reduced.  With that said any new payment plan will need to be provided with documentation to support the change.

Third, if the payment plan is no longer feasible and you qualify, then converting your case to a chapter 7 can give you a quick discharge.

Fourth, is to request a hardship discharge but is extremely difficult to accomplish.  Usually, if none of these options are possible then you might have no choice but to dismiss your case and refile.  Make sure to notify your attorney immediately if you are in jeopardy of falling behind in your payments so they can evaluate your best option.

Read more about our bankruptcy services…


Client Review

"Benjamin Wright with Wright Law Office made a very difficult time for us much easier. We were struggling and did not know what our options were. He explained all our options and helped us to make the best financial decision. They made things easy and were always available to answer any questions we had. I would definitely recommend him."
Carlos Aguirre
Client Review

Why should you hire our firm to represent you in bankruptcy?

Great question. Here are a few reasons:

  • 1. Bankruptcy is our sole area of practice. Attorney Wright has over 10 years of experience in the field of bankruptcy and has helped over 1000 people successfully file.
  • 2. Attorney Wright has an accounting background that is useful in analyzing complex financial documents. Prior to law school he obtained a degree in accounting from the University of Wisconsin School of Business. He exercised his strong numerical aptitude in the field of accounting, including several years with The Kohler Co., before ultimately deciding to pursue a law degree.
  • 3. New clients meet with an attorney during their first visit. We understand your time is valuable. It is important your questions are answered quickly and accurately so you can take appropriate steps to secure a better financial future and eliminate fear and stress.
  • 4. In business, referrals are the highest form of professional compliment. We frequently receive referrals from other lawyers and previous clients.
  • 5. Our firm is small which enables us to focus on quality over quantity. We don’t have billboards on the I-10 or banners affixed to public transportation. Our approach is a bit more understated. We care about people and doing things right and it shows in our low employee turnover and positive reviews.
  • 6. Perhaps the most important consideration is the cost of filing bankruptcy. We continuously assess our fees to ensure we offer fair and competitive pricing. We want to offer you a deal without sacrificing the quality of your experience.
Attorney Ben Wright

Receive a FREE Consultation

Use the form below or call us at 602-456-6085 today. We’re here to help.

    Our Locations

    What our clients are saying…

    TOP Rated PHOENIX BANKRUPTCY ATTORNEY

    Mr. Wright and his staff were amazing. They made a negative situation a lot better and turned it into a positive. Could really tell they care helping people and I will refer their Phoenix Bankruptcy Attorney firm to friends and family. Thanks again.

    Tara
    TOP Rated PHOENIX BANKRUPTCY ATTORNEY

    I called around looking for the right bankruptcy lawyer and came across Benjamin Wright. He personally called me for the consultation seeing how I live in Kingman AZ. He was very helpful from the start and his staff was very friendly and explained any questions I had, sorry for all the questions. I would definitely recommend Wright law offices, and I do!! Thanks for everything, you made what seemed like a hard thing to do simple!! You guys rock!!!

    Steffanie
    TOP Rated PHOENIX BANKRUPTCY ATTORNEY

    Great lawyer, he really helped my mother out of a jam. She was totally new to bankruptcy and he talked with us for about an hour and a half to make sure she wouldn’t be worried.

    Damian
    TOP Rated PHOENIX BANKRUPTCY ATTORNEY

    Ben is a kind and down to earth attorney. He worked around my busy schedule as a single mom (school, full-time job, and daycare pick up and drop off times). He explained absolutely everything to me and was good about e-mailing. I am writing this review as a THANK YOU.

    Shannon
    TOP Rated PHOENIX BANKRUPTCY ATTORNEY

    I had a very positive experience with Attorney Wright. He or his staff returned my e-mails and calls promptly (even after business hours occasionally). His fees were reasonable. He was patient with me when I showed up in court missing an important document. He is aggressive, but fair and nice.

    Jenna


    Bankruptcy And Child Custody

    When parents are going through a child custody battle, financial issues can become a point of concern. Bankruptcy and debt, [...]

    For individuals who maintain a steady income but are grappling with debts that need more time to be cleared, Chapter 13 bankruptcy could provide a viable solution. This form of bankruptcy enables debtors to retain their property while adhering to a three to five-year repayment plan. In Scottsdale, the bankruptcy attorneys at Wright Law Offices utilize their expertise in developing personalized Chapter 13 plans that are uniquely designed to suit your circumstances and work in your favor.

    When credit card debt spirals beyond control, the feelings of isolation and stress can be daunting. However, with a knowledgeable lawyer by your side, the situation can be transformed significantly. Lawyers are experienced in negotiating with formidable credit card companies, often succeeding in achieving reduced interest rates or a minimized debt total. At Wright Law Offices, located in Phoenix, our committed legal team stands ready to help you take back control of your financial situation and direct you towards other potential debt relief avenues like bankruptcy.

    The prospect of foreclosure can make it seem like your world is tumbling down. Yet, it's vital to remember that there are legal routes available to navigate this challenging situation. Foreclosure is a process initiated by lenders when mortgage payments are overdue, leading them to recover their loan by selling your property. While it sounds intimidating, our adept team at Wright Law Offices in Tempe is here to assist. We guide you through every step of the process, thoroughly exploring all viable options, such as loan modification, bankruptcy, or even contesting the foreclosure in court.

    Being in debt to the IRS can create enormous stress. However, a tax debt lawyer can intervene and significantly improve your situation. They're skilled in negotiating a viable payment plan with the IRS, striving to reduce the tax debt you owe, and in certain scenarios, even getting penalties and interest absolved. The proficient team of Scottsdale tax debt lawyers at Wright Law Offices is committed to helping you face this challenge with optimism. Leveraging our deep knowledge of tax law, we're dedicated to securing the best possible outcome for every client we represent.

    Go to Top