Probably. If you miss a couple of payments the Trustee will likely argue that your plan is no longer feasible — that you cannot make the payments and therefore your creditors aren’t getting paid and protected through bankruptcy.
Your best shot is to remember that old scout creed about being prepared. You’ll have to show the court that you can get back on track with your plan, or propose an amended plan with payments that are feasible for you and provide a sufficient amount to your creditors.
If the court agrees with the trustee and dismisses your case, you’ll owe your creditors the current balance on your debts — that is, what you owed at the start of your bankruptcy case, less the amounts you paid through your repayment plan — plus the interest that stopped accruing while you were in bankruptcy.
But the key is to be in constant contact with your attorney. If you cannot make a payment it is always better to call your attorney to have him or her work out the issues with the Trustee.
If you have any questions please contact us.
Randy M. Creighton, Esq.
