Homer Glen Bankruptcy Attorney Tells What Happens When A Debtor Miss...

The main problem and the main reason the Chapter 13 bankruptcy fails is because you are not able to make your payments.  The trustee will not file a Trustee’s Motion to Dismiss your case because you missed one payment or because the payment is one day late.  All you need to do is say substantially current with your Chapter 13 payments. 

But if you fall more than 2 to 3 payments behind, your trustee will motion the court to dismiss your case for failure to pay your plan payments.  If you are unable to make your plan payments because of a change in circumstances, you should notify your attorney right away so they can deal with the trustee directly and inform them in order to head off a Motion to Dismiss.  If your case is dismissed and you are able to come up with the money, your attorney can reinstate your case.  In some cases, the best option is to re-file and start anew.  Your attorney will be able to advise you of all of your options.