Tuesday, May 1, 2012

What happens when there is an increase of income while you are still in chapter 13? Is that going to jeopardize their chapter 13 payment plan?


In this district in Broward and Palm Beach, it has not mattered so far how much money you make after you file the chapter 13 bankruptcy. But I must say that with a caution and the reason is in the bankruptcy law itself says very clearly that if your income increases in the future, you have to modify your Plan to increase payments to your creditors. I know the chapter 13 trustee in Miami has filed motions to modify a debtor’s plan to increase plan payments. I have not seen the Broward and Palm Beach trustee doing so at this time. If something like that is about to happen to you, you need to come and talk to me. Maybe there are other alternatives that we can work on, maybe even convert your case to a chapter 7 right away and give up some of your assets to the Chapter 7 Trustee or buy them back from the Trustee with your new money. So, as long as you keep in touch with me about your financial situation, I can guide you every step of the way. 

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