Can a Chapter 13 be extended?

Unfortunately you are not allowed to extend your Chapter 13 payment plan beyond five years (60 months). (Learn more about the Chapter 13 bankruptcy plan and how long it can last.) If the trustee dismisses your case, you’ll owe the $8,000 plus interest on all the debt you paid through your plan over the past five years.

Can you skip a Chapter 13 payment?

If you miss payments, a Chapter 13 trustee can file a “Motion to Dismiss for Material Default.” If this motion is granted, your case would be dismissed. If your case is dismissed, you will not get a discharge. So if you can catch up on that missed payment before your next payment is due, you should ordinarily be ok.

What happens if an ex spouse files for bankruptcy?

Even though alimony is not dischargeable, this doesn’t mean you will continue to receive the same amount you did before your ex filed for bankruptcy. In most states, alimony obligations can be modified if the ex-spouse submits a request to the bankruptcy court.

What happens if I file a chapter 13 bankruptcy?

Chapter 13 bankruptcy allows the debtor to create a repayment plan. However, some debts from divorce proceedings are eligible for discharge. In either type of bankruptcy, you may have to file a proof of claim form with the Bankruptcy Court or possibly risk losing your ability to collect on your claim.

How does child support work in a bankruptcy?

Unpaid child support and alimony get top priority in a bankruptcy case – whether it’s chapter 7 or chapter 13. You don’t have to go to bankruptcy court to defend your right to child support or alimony; however, you may have to file a proof of claim to get paid through the bankruptcy.

Can a divorce settlement be discharged in Chapter 7 bankruptcy?

Chapter 13 and chapter 7 bankruptcy have different laws related to property in divorce settlements. In chapter 13 bankruptcy, debts related to property settlements in divorce proceedings may be dischargeable. You may to file a document with the bankruptcy court to request that the property settlement not be eligible for discharge.

Can you file bankruptcy with only one spouse in Oregon?

Yes, but your spouse will still be liable for any joint debts. If you file together you will be able to double your exemptions. (see Oregon bankruptcy exemptions) In some cases where only one spouse has debts, or one spouse has debts that are not dischargeable then it might be advisable to have only one spouse file.

What does it mean to file bankruptcy in Oregon?

Chapter 13 is called “debt adjustment”. It requires a debtor to file a plan to pay debts (or parts of debts) from current income. Most people filing bankruptcy will want to file under either chapter 7 or chapter 13. Either type of case may be filed individually or by a married couple filing jointly. (see Oregon Bankruptcy Law’s Chapter 7 or 13?)

How does filing bankruptcy affect your ex spouse?

For example, if you discharge a credit card debt in Chapter 7 bankruptcy, the creditor may pursue your ex-spouse for payment. While you can discharge your obligation to pay a debt, you can’t discharge your ex-spouse’s payment obligations.

Can a married debtor file a chapter 13 bankruptcy?

Chapter 13 doesn’t distinguish between marriage and legal separation. A married debtor must include the income of the non-debtor spouse. Find out about the steps involved in a Chapter 13 bankruptcy.