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  1. #1
    Join Date
    Oct 2005
    Posts
    1

    Default Failure to pay Chapter 13 payments due to illness

    I have become suddenly ill and unable to work thus my payments have not been made to chapter 13. I filed 13 specifically to save my home in March 2004. received a letter calling for my case to be dismissed in two weeks. Do I have ANY options?

  2. #2
    Join Date
    Sep 2005
    Location
    Behind a Desk
    Posts
    98,846

    Default Late on Chapter 13 Payments - Threat of Dismissal

    Even if you are sick, it is wise to contact the trustee and describe in advance of missing any payments what the problem is, why you will be missing payments, and when you are likely to be able to resume payments / catch up. The trustee might not find your excuse acceptable, but at least somebody knows what is going on.

    You should contact your bankruptcy lawyer to see if any steps can still be taken to avoid dismissal. (The court presumably gave you two weeks to respond, such that you could file an appropriate response and possible avoid dismissal - otherwise they would presumably have simply sent a notice of dismissal.)

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