Bankruptcy Basics

What to Do If You Can’t Afford Your Chapter 13 Payments

Posted by Craig Black | Mar 17, 2025 | 0 Comments

Falling behind on your bills can cause problems, but falling behind on Chapter 13 payments can come with serious consequences. If you can't afford your repayment plan payments, you do have options, but it's important to be proactive to avoid derailing your debt discharge.

The Craig Black Law Firm helps clients navigate the Chapter 13 filing process, including the years between filing and having their debt discharged. If you're having a tough time meeting your repayment plan obligations, I can help. Give me a call at 678-888-1778 or fill out this confidential contact form, and I'll personally be in touch.

Request a Plan Modification

The bankruptcy court will, in some cases, modify a repayment plan once it's in progress. However, to accomplish that, you'll have to file a motion. This is done by petitioning the court. You can request to:

  • Increase or decrease the amount of your payments to a specific class of creditors
  • Extend or reduce the time for making payments
  • Account for payments you made outside the plan

You'll need to attach documentation that supports your request. If, for instance, you've lost your job or had unexpected medical bills, you can attach proof of either of those circumstances and possibly convince the court to adjust your payment plan as a result.

Seek a Hardship Discharge

Bankruptcy courts understand that circumstances can change after a repayment plan is in place. That's where a hardship discharge comes into play. If you can effectively prove that you can't afford your payment, you may be eligible for an early debt discharge based on hardship.

To qualify for a hardship discharge, you'll need to prove the following:

  • The circumstances making payment impossible are beyond your control. This might be sudden unemployment, a natural disaster, or a medical emergency.
  • You've completed enough payments to creditors that you've equaled what creditors would have received had you filed Chapter 7.
  • You lack the disposable income to make payments even with a plan modification.

Convert to Chapter 7

You might not have qualified for Chapter 7 when you filed for bankruptcy, but if your circumstances have changed, that might have changed, as well. Converting your bankruptcy requires filing a motion and paying a small fee, but it might be worth it.

Chapter 7 does come with a downside, though. Chapter 13 allows you to keep your assets. Once you file for Chapter 7, all your debts will be discharged and assets seized to pay your creditors. Check into asset exemptions before going further to understand what will be taken.

How the Craig Black Law Firm Can Help

The Craig Black Law Firm knows each bankruptcy case is unique, and for that reason, I strive to personalize my approach. If you're currently under a repayment plan, I can take a look at your situation and recommend the best course of action. Give me a call at 678-888-1778 or fill out this contact form to get in touch.

About the Author

Craig Black

I had never thought much about bankruptcy law, but after graduating from law school, I moved to Chicago. My first job as an attorney was with a law firm that specialized in bankruptcy. Within a few years, I went from being the youngest attorney in the firm to a managing attorney. During my time t...

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