Anyone Knows

Question:
I am in the final months of a 37 month CH13 and I wonder if there can be creditors to be paid who did not file when I started the CH13. Let me explain. #1 When I filed I listed ALL of my creditors and only about 75% of them filed for reimbursement under the Chapter13 plan. Can the creditors who did not ask to be included come after me when I get my discharge? #2 I missed one payment. I did not do it on purpose but when I got my last statement from the trustee I looked it over and realized a payment was missing. I did not have the money to pay it so I decided I would send extra each month to cover it. No notice from the Trustee about this -- is this a problem?? #3 When I started the CH13 my mortgage was $727 and it is now $900 (taxes). My health insurance was $297 a month and it is now $822 (got older). I called my attorney and he said to just try to make it up somehow. I asked him if I could just drop the 13 and make it a 7 and he said no because the Ch7 trustee who I went before first decided he would take all of my retirement fund to pay off my debts if I did not do a Ch13. So now I am stuck borrowing from friends and renting a bedroom out in my home to make grocery money. My income is fixed monthly income so there is no way to make it up so I have borrowed money from friends and relatives to cover living expenses.(The friends know they will in all likelihood never be repaid completely) I am in the DC/MD/VA area. Any ideas anyone?? I know I am almost done (4 months to go) but I do not want them to extend this thing. Can they do that??? If I just drop out can the creditors take my house (not in default now)?? Can they take over my retirement income??

Answer:
It is possible that you could file a motion to modify reducing the monthly payment so that (I assume) the creditors who filed will be paid in full. I have done this for many clients, and practice in MD, so if I can help, please feel free to e-mail me privately off the list. > I know I am almost done (4 months to go) but I do not > want them to extend this thing. Can they do that??? Depends on the details. There are several possibilities, most of which are favorable for you. > If I just drop out can the creditors take my house (not in default now)?? No, but the creditors who didn't file POCs can come after you, as can the creditors who weren't paid in full through the Plan. > Can they take over my retirement income?? Depends on the source of the income. There are different types of retirement plans, come exempt, and some non-exempt.





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