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Can't make Chapter 13 full payments

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hopeagain
Contributor

Can't make Chapter 13 full payments

Hi All, I am asking this question for a friend who has been in a Chapter 13 for 3 years. She and her husband have been making payments of $1200 a month up until last year. Now they can only pay $400 -to $800. a month. They have been scheduled to go back to court in Nov. She is very worried the judge will cancel the bankruptcy and creditors (mostly Discover card) will garnish her Disability & retirement check. I'm hoping the judge will modify their payments to what they can afford. Has anyone been through this? She is very worried and fearing the worst. Thanks for any comments or advice.

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starry1
Valued Contributor

Re: Can't make Chapter 13 full payments

Her disability can only be garnished if its private. Federal disability can never be garnished. Retirement accounts are also extremely difficult to garnish and discover will spend way too much just to attempt it so they probably won't.. As far as modifying their bk, if its bad enough they will most likely be converted to a chapter 7. It all depends.

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