So a motion to suspend plan payments is
actually a pretty frequent motion that’s filed in bankruptcy cases and typically
it’s filed because something happened in your case it could be a job loss it
could be an illness it could be a death in the family but something has come up
that has caused you to maybe get behind on your other obligations and you need
to just put a freeze on your trustee payments just for a little bit and for
us in our district in the northern Northern District of Georgia typically
that maximum time frame is 90 days so you’re looking at 3 months that you
could suspend making your trustee payments just to allow you to get it
together so to speak and then move on with your case so for us for our firm we
felt like I said quite a bit of them but here’s some things you need to remember
when you’re asking the court to suspend your payments because you’ve lost your
job well unless you’re on what we call
strict compliance which means you’re required to be making your payments on
time every month for a certain amount of time you need to actually have already
found another job before we’re gonna do the motion to suspend your payments for
the ones that you missed earlier because if you just don’t ever find a job then
your case is gonna get dismissed you’ll need to start over and sometimes that’s
the best sometimes it’s actually easier and it’ll be more affordable for you if
your case does dismiss if you’re eligible to refile that’s another video
which you can watch we go over kind of the eligibility issues to watch out for
but if you are asking for the motion for promotion to suspend due to a job loss
you need to make sure that you have found another job or there is some some
supplemental income now that’s there before we file it so for a lot of
clients they’ll email and they’ll say hey I lost my job and were like oh
totally understand as soon as you get another job let us know and we’ll file
the motion to excuse those other payments that you missed so understand
we’re not trying to dismiss your your your request it’s just we have to file
these logically and not waste the Court’s time because in the end if we’re
filing a motion and you’ve still not got a
the courts gonna look at you and say well you still don’t have a job like
you’re not gonna be able to make your payments but if you have found another
job it’s very easy for us to file the motion and say look yes they got behind
but that’s what this is why there was a job loss but hey guess what got a new
job good to go the courts never have problems signing off on those so there’s
just a process but what we want eyes to know is that you know bankruptcy is not
inflexible the court gets that life happens so if you have something come up
please please please don’t hesitate to ask us you know if this is available now
with that said if your case has not been approved yet no the courts not going to
sign off on a motion to suspend I mean as a matter of fact kind of the rule of
thumb is you need to be in your case at least 10 to 12 months before your trying
to ask the court to suspend your payments because if it’s that suit in
your case and you’re already not able to make your payments the court is going to
look at you like maybe it’s just best if it dismisses and you just start over so
that can always be an option but whatever it is make sure that you reach
out to us and we’re always happy to you know to go over the process and answer
any questions but it’s usually a pretty straightforward process like most things
with our firm you can go to our website at as clients you’re a
client click on it and go to chapter 13 clients and all of our request forms are
there so you can go through and just find oh I need a motion to suspend my
payments click on that and it’s actually going to go over you know the process
and what we need and so as soon as you give us everything we can file that and
we can assist if you have any other questions about this or anything else
going on in your case please don’t ever hesitate to reach out and we’re happy to