Modify Chapter 13

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A fellow bankruptcy attorney recently asked me this question in the context of a Chapter 13 bankruptcy.  He had filed the case for the husband alone pursuant to 11 U.S.C. § 301 , and due to changed circumstances decided that it would be a good idea to make the case a joint case pursuant to § 302.  He wanted to know if it was sufficient to simply amend the Voluntary Petition to add the wife.

It may surprise you to learn that the answer is, “No.”  While there is a way to accomplish the desired goal, it’s a bit more complicated than simply amending the Voluntary Petition.
Continue Reading Can a Debtor Add His Spouse as a Co-filer to His Bankruptcy Petition?

Sometimes a debtor faces a change of circumstances after having been in a Chapter 13 plan for a while.  If either your income decreases, or legitimate expenses increase, you may no longer be capable of continuing with the plan as originally confirmed.  What can be done?

I.          Motion To Temporarily Suspend Payments Or Modify The…