“I Can’t Make My Plan Payments Right Now”: These Policy and Procedure Changes Might Help

Tremendous news that can help people complete their chapter 13 bankruptcy in this trying time.

Chapter 13 Trustee, EDKY: Trustee's Blog

Due to the present health and economic crises, we are making changes to the procedures and policies regarding motions to dismiss for nonpayment and probation orders in the EDKY.  These changes will remain effective until further notice.

I will not file motions to dismiss until debtors are at least four (4) months’ delinquent.  The present practice is to file motions to dismiss when the delinquency is at least two (2) months.

After I file a motion to dismiss, debtors can agree to become current within 30, 60, 90, 120, or 150 days.  The new agreed probation orders allowing 120 days or 150 days to become current will be posted on my website by Monday, March 23.

Paragraph (3) of Local Form 3070-1(b), the Probation Order Regarding Chapter 13 Plan Payments, and our agreed probation orders, will be changed to add “Unless the Court orders otherwise . . . .”  This…

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