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  1. #1
    Join Date
    Jan 2007
    Posts
    7

    Question South Carolina Chapter 13 and disability

    I have a couple questions. I filled Chapter 13 back in May of 2005. In July of 2006 I was injured on the job and placed on TTD and have been since. My doctor tells me I will never be able to go back to the job I was doing thus making the income I was making. I have a job lined up making 4 dollars less an hour but it meets my physical limitations. Is their any way to have my bankruptcy payments reduced due to the fact that my income is not is less than it was when I filled?? I've had a moritorium but it was only good for two months and you can only get one. So does anyone know it it's possible to reduce my payments. I can't afford to make my payments, or pay my living expenses. Also is it possible to convert a Chapter 13 to a Chapter 7 in South Carolina?

    Also on my Notice of Allowed Claims their are a few classifications. "Secured", "Not Secured", and "Not Filled". I understand what the not filed means, but I just don't understand why they were not filled? If they were not filled does this mean they can come after me once I am discharged? Can I have them added??

    By some stroke of luck should I get a settlement from my WC case can I use that to pay towards my bankruptcy?

    Thank you in advance for your help!

  2. #2
    Join Date
    Nov 2006
    Location
    Texas
    Posts
    354

    Default Re: South Carolina Chapter 13 and disability

    Contact the attorney who handled your initial Ch 13 petition and ask him to file a motion with the court to modify your ch 13 plan. You can also discuss with him whether, in your current situation, a conversion to Ch 7 would be more practicable and, if so, file a motion to convert.

    I haven't worked with consumer bankruptcy cases since the new law was enacted, so I can only give you my best guess on your question about the category of "not filed"....it probably refers to creditors you included in your schedules, but who failed to timely file a proof of claim.....which means they may be out of luck for any disbursement from a completed plan and order of discharge.

  3. #3
    Join Date
    Jan 2007
    Posts
    7

    Default Re: South Carolina Chapter 13 and disability

    Will all these motions cost extra or are the encluded in the monthly payment I make to my lawyer?? If I can ever get him to return my call that is.

  4. #4
    Join Date
    Sep 2005
    Location
    Behind a Desk
    Posts
    98,846

    Default Re: South Carolina Chapter 13 and disability

    You would have to ask your lawyer. Probably not.

  5. #5
    Join Date
    Nov 2006
    Location
    Texas
    Posts
    354

    Default Re: South Carolina Chapter 13 and disability

    You may be able to have the additional attorneys fees rolled into a modified Ch 13 plan. If, however, your attorney determines your best situation would be to convert to a Ch 7, (s)he'll likely require his/her fees up front....you'll have to ask him/her.

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