Chapter 13 payment issue to suspend or not suspend
Posted: Fri Oct 08, 2010 9:19 pm
Even with motion 2 modify plan, must pass ch 7 test.
Sent from my iPhone
On Oct 8, 2010, at 4:19 PM, matt resnik wrote:
A motion to suspend can be done retroactively if requested in the motion. You will still need to modify and length of term will vary by Trustee and Judge.
On Oct 8, 2010, at 3:48 PM, "Steven B. Lever" wrote:
I have a Chapter 13 client 2 years into a plan who is two months behind
on his 57 month confirmed plan. He is a teacher who has a lot of equity
in his house so it needs to be a 100% plan. He has been somewhat
furloughed which caused the problem paying the plan. I've done a lot of
13s, but never have had to work them much mid-plan. (I hope this hyphen
is OK).
Questions: 1) Is a motion to suspend effective retroactively; and 2)
is that sufficient, or do I also need to do a MOMOD to make the plan 60
months.
Law Offices of Steven B. Lever
>
> Steven B. Lever
Even with motion 2 modify plan, must pass ch 7 test.Sent from my iPhoneOn Oct 8, 2010, at 4:19 PM, matt resnik <matt@simonresniklaw.com> wrote:
A motion to suspend can be done retroactively if requested in the motion. You will still need to modify and length of term will vary by Trustee and Judge.On Oct 8, 2010, at 3:48 PM, "Steven B. Lever" <sblever@leverlaw.com> wrote:
I have a Chapter 13 client 2 years into a plan who is two months behind
on his 57 month confirmed plan. He is a teacher who has a lot of equity
in his house so it needs to be a 100% plan. He has been somewhat
furloughed which caused the problem paying the plan. I've done a lot of
13s, but never have had to work them much mid-plan. (I hope this hyphen
is OK).
Questions: 1) Is a motion to suspend effective retroactively; and 2)
is that sufficient, or do I also need to do a MOMOD to make the plan 60
months.
Law Offices of Steven B. Lever
>
> Steven B. Lever
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