We have to consider if you will be able to keep your home, cars, and any other secured debts that you have. ![]() ![]() While this may be an option there are many consequences to consider before we make that request to the Chapter 13 bankruptcy judge. If you are unable to move forward with your Chapter 13 case, it may be possible to ask the bankruptcy judge to convert your Chapter 13 case to a Chapter 7 case. Of course, we want your Chapter 13 debt consolidation plan to move forward so that we can protect all the assets of the estate and to prevent the creditors from pursuing collection actions against you. Because of the missed payments this will allow your Chapter 13 bankruptcy plan to move forward. If this is the case, then the court may allow you to resume your payments or the court may order that your Chapter 13 plan payments be increased. We may be able to show that the non-payment of your Chapter 13 plan was beyond your control. To avoid this process, we stress that you must make your Chapter 13 payment and if you can't please contact us immediately! Most debtors become terribly upset if they receive a motion to dismiss their Chapter 13 case. The creditors would then be able to proceed with any garnishment efforts, repossession of your vehicles, or foreclosure on your home. ![]() If you case is dismissed, this will lift the automatic stay and your creditors can proceed with all of their collection efforts against you. The bankruptcy judge will be the one to hear the motion to dismiss and if granted your case will be dismissed and you will no longer have the protection of the bankruptcy court. If you stop making your Chapter 13 payments, the bankruptcy trustee will likely move to dismiss your Chapter 13 case for non-payment. It must be stressed that if you do not make your Chapter 13 debt consolidation payments that you will not receive a discharge from the court. In some situations, we may be able to reduce a payment based upon a client's reduction of income. We have seen events such as medical emergencies, job loss, reduction of hours, or even a divorce which make it impossible for the debtor to maintain the Chapter 13 payments. However, there are events which can occur in a debtor’s life which makes it impossible to pay some of their Chapter 13 payments. ![]() This is why it is imperative that we work with our clients to calculate a Chapter 13 payment in which they can afford. This form can be used by the Defendant in a Divorce to Answer the Complaint.From the beginning of your Chapter 13 case, our Montgomery bankruptcy attorneys and Selma bankruptcy attorneys stress that you must make your Chapter 13 plan payments. * Form PS-21: Answer to Divorce Complaint * Form PS-10: Request for Divorce Judgment by Defaultįorm to be used to Request a Default Judgment in a Divorce when there are NO minor children and NO assets or debts for the Court to divide. This form can be used to file for Divorce when there are NO minor children and NO assets or debts for the Court to divide.įorm to be used for the Plaintiff's Testimony in a Divorce when there are NO minor children and NO assets or debts for the Court to divide. You should always contact your local Circuit Clerk for information on what forms you need in addition to the ones below. You can see sample lists of the required forms at the Madison County Clerk's website and the Shelby County Clerk's website. Please note : For an Uncontested Divorce in Alabama, you will probably have to file additional forms depending on where you live.
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