Expert: Terry Leeders - 8/27/2009

Question
I am behind in my chapter 13 payments due to job loss and have taken a job that pays less. Is there a way to get a rough guess how much I need to catch up to pay my plan off in the remaining  timeframe? I cannot modify plan is at 1% so I need to decide if I can salvage this plan or if I need to let it dismiss and refile at a later date. Thank you.

Answer
you need to catch up as soon as possible.  If the trustee has a motion to dismiss, you need to cure by the motion date, or bring in what you can and ask for a continuance to cure the rest of the default.  If they have not brought a motion, then you need to work on it the best you can. Most trustee's won't bring a motion to dismiss until you are at least 2 months in default, so use that as a guideline.