How do I modify my repayment plan in Chapter 13 Bankruptcy?

To modify a repayment plan in Chapter 13 Bankruptcy in Virginia, you must submit a motion for modification to the bankruptcy court. The motion for modification must be signed by both the debtor and the debtor’s attorney, if they have one. The motion must include a proposed new repayment plan, and details about why the debtor needs to modify the original plan. The court will review the motion and decide if it is appropriate to grant the motion. Factors the court will consider include whether the debtor has faced an unexpected or significant change in their income or living expenses. The court may require that the debtor provide proof of this change in the form of recent paystubs, bills, or other documents. The court may also appoint a trustee who will review the proposed plan and other documents and make a recommendation to the court with regard to whether or not the plan should be modified. The court will take into account other factors as well, such as the advice of the trustee and any creditors that the debtor has. In general, the court will only modify a repayment plan if the debtor has a valid reason for doing so. The court must also ensure that any modified repayment plan is feasible and that it will allow the debtor to pay off their creditors. If the court approves the motion for modification, the new repayment plan will take effect.

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