If I’m in Chapter 13 and only have 6 payments left but my wife is now going to leave me, what should I do if I can’t afford the payments by myself?

She wants to switch it to Chapter 7.

Asked on November 25, 2013 under Bankruptcy Law, Ohio


Terence Fenelon / Law Offices of Terence Fenelon

Answered 7 years ago | Contributor

You have several options.  First, you could file a motion to amend your plan, either extending the pay-off period if it is less than 60 months, or decreasing your payments besed upon a change of circustances pursuant to 11 USC 1329.

Alternatively, you could request a hardship discharge and early termination of the plan.  A more difficult burder but if the plan was scheduled for 60 month completion, likely to succeed in the absence of objection.  Good Luck.

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