A Chapter 13 bankruptcy plan is built around a debtor’s income and expenses at the time it’s confirmed. Life doesn’t always cooperate with that schedule. A layoff, a divorce, a new baby, or a medical bill can throw off a payment plan that looked workable a year earlier.
Once a Chapter 13 plan is confirmed, it binds both the debtor and the creditors. That’s the effect of confirmation under federal bankruptcy law, and it means a debtor can’t simply start paying less because money got tight. According to the U.S. Courts Bankruptcy Basics guide, missing confirmed plan payments can lead to dismissal or conversion to Chapter 7. The safer path is a formal modification, not a quiet adjustment.
Under 11 U.S.C. § 1329, a confirmed Chapter 13 plan may still be modified before payments finish, and the debtor, trustee, or an unsecured creditor can each request that change. That might mean bigger or smaller payments, a longer or shorter term, or a different approach to certain claims. However, it still must meet Chapter 13’s confirmation standards, including feasibility and good faith.
A debtor does not have to prove a dramatic or unforeseeable change before asking to modify a confirmed Chapter 13 plan. Mississippi bankruptcy authority, applying Fifth Circuit law, recognizes that § 1329 does not impose that threshold requirement, although the moving party must still show the proposed change fits within the statute.
Notice must also be sent to the trustee, creditors, and the U.S. Trustee under Federal Rule of Bankruptcy Procedure 3015, giving everyone a chance to object.
If income drops or expenses rise mid-plan, gather pay stubs, medical bills, or documentation of the change and reach out to counsel before the trustee files a motion to dismiss. Waiting rarely helps.
At O’Brien Law Firm, LLC, we work with Mississippi clients whose Chapter 13 plans no longer match their financial reality, and we can talk through whether modification makes sense for your situation. Call us at 662-672-7619 or reach out through our contact page.
If you’re behind on your mortgage and your home is worth less than what you owe on your first loan, a second mortgage can feel like a weight you’ll never escape. But Chapter 13 bankruptcy offers a legal tool that many homeowners don’t know about: lien stripping. It can reclassify a second mortgage as unsecured debt and potentially eliminate the lien.
A lien is a creditor’s legal claim against your property. In a typical situation, both your first and second mortgage lenders hold liens on your home. Lien stripping is the process of removing a junior lien, like a second mortgage, when that lien has no real collateral backing it.
Under 11 U.S.C. § 506(a), a secured claim is only treated as secured up to the actual value of the collateral. If your home’s fair market value falls below what you owe on the first mortgage, your second mortgage is considered wholly unsecured.
That’s when stripping becomes possible. Lien stripping only works in Chapter 13.
Say your home is worth $180,000 and your first mortgage balance is $200,000. Your second mortgage, say $45,000, has zero collateral to attach to. Under 11 U.S.C. § 1322(b)(2), a Chapter 13 plan can modify the rights of holders of wholly unsecured claims.
When a junior mortgage is completely underwater, many courts, including courts in the Fifth Circuit, allow lien stripping in Chapter 13. If even a small amount of equity supports the second mortgage, lien stripping usually is not available.
You’ll also need to complete your full Chapter 13 repayment plan, typically three to five years, before the lien is permanently removed from your property.
Once stripped, your second mortgage balance gets treated like unsecured debt, similar to credit cards or medical bills. You repay a portion of it through your Chapter 13 plan based on your disposable income, and the remaining balance is discharged when you complete the plan. The lien is gone. That changes your financial picture considerably, both during repayment and long after.
We handle Chapter 13 bankruptcy cases for clients in northwest Mississippi and the surrounding area. If you’re struggling with a second mortgage and want to know whether lien stripping could work in your situation, contact O’Brien Law Firm, LLC. Call us at 662-672-7619 or submit our contact form.
Filing for Chapter 13 bankruptcy can be a turning point for people struggling with debt. Unlike Chapter 7, Chapter 13 allows individuals to reorganize their debts and create a repayment plan while keeping key assets like their home or car. However, it is important to understand how this decision can impact your financial future.
Chapter 13 bankruptcy stays on your credit report for up to seven years from the filing date. During this time, your credit score will be affected, making it harder to qualify for loans or credit cards. However, the structured repayment plan helps you establish a history of consistent payments, which can improve your credit over time. Some people find that their credit begins to recover shortly after completing the plan.
After filing for Chapter 13, you may face challenges in getting loans or credit. Lenders often charge higher interest rates or impose stricter terms. That said, tools like secured credit cards or small personal loans can help rebuild credit. Over time, these steps can make it easier to access better financial opportunities.
Chapter 13 requires a long-term commitment to following a strict repayment plan, which typically lasts three to five years. This process teaches better budgeting and spending habits, as every payment must be accounted for. Many individuals leave bankruptcy with stronger financial discipline, which can prevent future debt problems.
One of the biggest advantages of Chapter 13 is the ability to keep important assets. Homeowners can stop foreclosure proceedings and catch up on missed payments, while car owners can avoid repossession. This protection allows people to maintain stability and avoid losing items essential to their daily lives.
Completing a Chapter 13 plan results in the discharge of eligible debts. This fresh start provides an opportunity to rebuild savings, improve credit, and plan for the future without the weight of unmanageable debt.
While Chapter 13 bankruptcy can have challenges, it also offers a path to long-term financial recovery. If you are considering filing, contact O’Brien Law Firm, LLC, today to learn how we can help you take the next step toward financial stability.
Filing for Chapter 13 bankruptcy can feel like a huge step, especially when you are worried about losing your home. However, Chapter 13 is specifically designed to help individuals keep their property while reorganizing their debts. If you are facing foreclosure or struggling to keep up with mortgage payments, Chapter 13 might be the solution you need.
One of the biggest benefits of filing for Chapter 13 is the opportunity to stop foreclosure and catch up on missed mortgage payments. Once you file, an automatic stay is put into place. This means that creditors must stop collection efforts, including foreclosure actions. With Chapter 13, you can spread out your missed mortgage payments over three to five years as part of a court-approved repayment plan.
While you catch up on past-due payments, you must also stay current on your regular monthly mortgage payments to keep your home. Chapter 13 does not eliminate your mortgage but gives you time to catch up without the threat of immediate foreclosure.
In a Chapter 13 plan, you propose a repayment plan that outlines how you will pay off your debts over time. The plan is typically spread out over three to five years, and during this time, you make payments to a court-appointed trustee, who then distributes the funds to your creditors.
Your repayment plan will include both the missed mortgage payments and any other secured debts, such as car loans. As long as you adhere to the plan and make your regular payments, you will be able to keep your home and avoid foreclosure.
During Chapter 13 bankruptcy, you can sell your home, although you will need court approval to do so. If the sale is approved, the proceeds will first go toward paying off the mortgage, and any remaining funds might go toward other debts.
Filing for Chapter 13 bankruptcy offers powerful protections for homeowners. It can stop foreclosure, give you time to catch up on payments, and allow you to keep your home. If you are considering bankruptcy or want to learn more about how Chapter 13 can help, contact O’Brien Law Firm, LLC, for personalized legal advice.
The repayment term for Chapter 13 bankruptcy is three to five years. During that time, it is not uncommon for some people to experience changes in finances that interfere with their ability to stay current on their bankruptcy obligations.
Job loss, serious illness, death, and divorce are some of the many reasons why some people encounter difficulty making their bankruptcy payments. Fortunately, the law offers the following solutions for people who are unable to pay their Chapter 13 bankruptcy payments.
Chapter 13 bankruptcy allows eligible debtors to suspend payments for short-term financial emergencies. To qualify, trustee approval is necessary and the suspension term is three months or less.
Chapter 13 bankruptcy plan modification is an option for debtors who are experiencing a temporary setback in their ability to make on-time payments. The interruption must last longer than three months. Debtors must also maintain an income level that allows them to make ongoing Chapter 13 payments. Debtors who pursue dismissal do not retain the protection of the automatic stay and are subject to debt collection calls, wage garnishments and foreclosure or repossession.
Changes in income like job loss, hospitalization, etc., that cause long-term income loss or an inability to pay are generally not eligible for modification. There are also circumstantial limitations to bankruptcy plan modifications.
Depending on the cause of their current financial challenges and amount of income, debtors may not qualify for bankruptcy modification but qualify for Chapter 7 bankruptcy protection if their income passes the means test. Chapter 7 can help those experiencing long-term financial stress to start over when they are no longer able to meet Chapter 13 bankruptcy requirements.
