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Can I get a break from having to make these plan payments or: What is a moratorium?

If you are having trouble making your chapter 13 plan payments and believe that your not being able to make a payment for a period of time would allow you to recover and get back on track, then you may wish to consider asking your attorney to ask the bankruptcy court for a moratorium.

You have to file a motion for moratorium asking for it and usually, if the trustee consents, it is approved by the bankruptcy court. Unless there is an objection, you will not have to appear in court. However, you should have a legitimate reason and need to understand that you normally can get no more than three months in your whole sixty month plan. Also, the bankruptcy trustees usually do not consent until you have established a track record of good payments for at least one year, and have a legitimate reason.

Normally, your attorney will charge an extra fee for filing a motion for moratorium.

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