What happens if you miss a few payments on a Chapter 13 filing? I am almost 4 years completed of a 5 yr plan and I am 6 weeks behind...never missed any payments before. Wil they close my case now? I am very stressed out about this...wondering what might happen is the worst part. Thanks for your time in answering me. Please email me at vampireballet@juno.com if you can. THANKS! ~kristi~
You need to start comunicating with your lawyer and, trustee. The easy thing is to get caught up. Is that possible? If not, petition the trustee to modify the plan based on a change in your income or health or, whatever the problem. In a really extreme circumstance, you can convert to a chapter 7. You've come this far, don't let it be dismissed.
The Trustee does NOT send out a late notice. The Trustee does NOT give you a grace period. The Trustee WILL file a Motion to Dismiss. I'm surprised he hasn't done so already. At that point, you have about 10 days to: a) modify your plan, b) convert to a Chapter 7, or c) catch up on the payments. And they are NOT obligated to let you catch up even if you have the cash. Failing those, you get dismissed, you still owe EVERYTHING including accumulating interest and fees, and you get to start ALL OVER. Call your Trustee NOW. Call your Attorney NOW. Find that money SOMEWHERE. Cripes.
I reiterate the previous post! The trustee will file a motion to dismiss and you will lose 4 years of protection and still have the BK on your bureau! Call your lawyer before you do anything else today.
My experience was different. I had missed a payment and received a notice from the trustee that I had 30 days to become current and stay current else face a motion to dismiss. That said, I think it depends on the Trustee, maybe I got lucky and they were behind. There was nothing that caused me more grief, anxiety or stress than being late that one time. I'd not take the chance that you would get any grace period at all. It is my understanding that giving cause for a dismissal is all it takes to get one. Sassy
