My question involves bankruptcy in the state of: Ohio
First I would like to explain our circumstances concerning our Chapter 13.
Our plan was confirmed in May 2012, it was a 100% 60 month payment plan.
The original amount for all the creditors was $279,864, however the amount actually claimed was only $174,501, many of the unsecured creditors never filed a claim...some may say we were very lucky.
I have been making direct payments to the trustee of $4,895 each month, no garnishment, never missed a payment and was never late. If you do the math you will see that the plan would be payed off in 36 or 37 months instead of the 60 months.
My wife lost her job about 6 weeks ago, and without her income I could not afford the full $4,895 payment due the beginning of May. I consulted with my attorney who talked to the trustee...the trustee said if I missed one payment it would not be a big deal based on my previous payment record but to send in whatever I could....I payed a total of $1,000.
My wife has still not secured a new job, has a couple of possibilities but nothing for sure. Talked to my attorney this morning, he felt we should file for a plan modification, I'm not sure if that is the best course of action.
I've read on the Internet that it may be possible to get a payment deferment for a few months. Even if I missed 6 payments I would still have the plan payed off 18 months early.
This is new territory for my attorney, as he admitted to me...usually he is begging the trustee and the court for leniency for his clients because they are not making the effort to make payments, he has very few if any that are in my situation of paying the plan off early.
I have a ton of respect for my attorney but thought I would ask for a second opinion and maybe get some guidance on a payment ferment plan if that is in fact an option.
Thanks so much for your help.

