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Chapter 13 help, Please

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robertrk

Member
What is the name of your state? Maryland

We are in a 5 year Chapter 13 plan. We filed in November 2002. Our first payment of $720.00 was made in December. We have made 6 plan payments of $720.00 thus far. Our plan was just actually confirmed on May 12th. The problem is this. I was just informed this week the company I work for is closing our site on August 31st, 2003. I have been working there for 15 years. I called my lawyer and he said we cannot do anything until it actually happens. My lawyer asked if I would be getting a severance. I advised I would be. My lawyer then said I cannot do anything until after my severance runs out. The other problem is that my husband is retired, drawing a pension that will reduce by $900.00 per month beginning in November 2003. My husband is working a temporary job right now, which was included in this plan. My husband is desperately trying to find a job that pays more. However, he has been totally unsuccessful thus far. I told the my lawyer there is no way, in this current job market, I will make what I am making now. I asked my lawyer what will happen. He again told me we cannot do anything until after my job is gone and my severance is depleted. My lawyer also told me that I would need to find a job making what I making now. I told him that might be virtually impossible right now. I told him my best bet would be to go through a temporary employment service to find some work. He stressed again, I need to find a job making what I am making now. So now I am very scared. It is not my fault my company is closing. I don't know how I will find a job making what I make now. The job market here in Delaware is awful. I am currently an Admin. Assistant making $18.99/hr. I have done extensive research and it appears the most I might be able to get is approx. $10.00 to $12.00/hr. Can anyone please tell me what will happen when my severance is gone? How can my lawyer and the trustee tell me I have to continue making the same plan payment amount of $720.00 monthly? As it appears right now, when this all happens, there won't be any money left over each month for a plan payment. I will be in the hole each month by approximately a couple hundred dollars. I am so scared. Can anyone please offer any advice or suggestions?

Thank you very much.
 


Ladynred

Senior Member
Your lawyer seems to have his head in the sand where the job market is concerned. While it would be ideal for you to get a job making the same salare, it is likely pie in the sky. Once your severance runs out, you can petition for a plan modification, and your lawyer knows this. I may be that you end up converting to a Ch 7, which would be better than a complete dismissal of your 13. There ARE ways for you to get thru this, despite your lawyer's insistence that you find a job making the same money. As you say, the likelihood isn't great that that will happen.
 

robertrk

Member
Ladynred

Thanks very much for your quick response and reassurance there is a way to get through this problem. I truly appreciate all your help.
 

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