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St Louis Bankruptcy Attorney: What Happens If I Fall Behind On My Chapter 13 Plan Payments?

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If you fall too far behind on your St Louis Chapter 13 plan payments, then your case will get dismissed by the court. But there are ways in which to keep that from happening. The bankruptcy court recognizes that there are circumstances that might cause you to fall behind on your payments. And as long as you are able to show a willingness (and the ability) to make an effort to get caught up, then the chances are good that your Ch13 would not get dismissed.

Most of the time when someone falls behind on their monthly Ch13 payments it is because of a job loss (or a cut in pay, or even a switch from one job to another (with a period of time in between when your income was reduced). If you are able to get caught back up fairly quickly after you fall behind, then there is a chance that the Bankruptcy Trustee would not file a Motion to Dismiss for Failure to Make Plan Payments.

By law, the Trustee must file such a motion when you fall behind by two or more monthly payments. But just because the Trustee files this kind of motion, it does not mean that your case will actually get dismissed. There are still options available!!

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For instance, your attorney has a chance to file a response to the motion, and indicate to the court that you would like to have an opportunity to come current on the payments. This response will essentially buy you some time to come up with sufficient funds. So long as you are able to make sizeable payments towards the delinquency, then the court will continue to allow you the necessary time to get back on track.

But the best way to understand how the Chapter 13 process works is to set an appointment to come see us!! We will answer all your questions, thoroughly explain the mechanics of how the repayment plan works, and help get you back on your financial feet!!

The affordable St. Louis bankruptcy attorneys at Brinkman & Alter, LLC have been saving and protecting people’s assets for years. Our goal is to make sure that you keep the assets and property you want, discharge the debts that you want to get rid of, and do it all at an affordable cost to you. All phone conversations and office consultations are free of charge.

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