This page was written, edited, reviewed & approved by Emil J. Fleysher following our comprehensive editorial guidelines. Emil J. Fleysher, the Founding Partner, has 15+ years of legal experience as a bankruptcy attorney. Our last modified date shows when this page was last reviewed.
When you file for Chapter 13 bankruptcy, you commit to making regular monthly payments through a court-approved plan. These payments go toward your debts over a period of three to five years. Missing a payment can cause serious problems and may even put your entire case at risk. That’s why it's important to understand what could happen and how to avoid issues before they get worse.
Fleysher Law Bankruptcy & Debt Attorneys helps clients across Florida stay on track during Chapter 13 cases. If you're behind or worried about missing a payment, we can guide you through your options. We’ll work with you to review your payment plan, explore solutions, and protect your legal rights.
Whether you need a plan adjustment or help communicating with the bankruptcy court, we’re here to help make the process easier to manage.
When you enter into a Chapter 13 bankruptcy, you agree to make steady monthly payments over several years to pay back some or all of your debts. These payments are set up based on what the court believes you can afford after looking at your income, expenses, and any qualifying debt you owe.
The Chapter 13 plan is a type of reorganization bankruptcy—often called a wage earner's plan—because it helps people with regular income keep their property while paying off debt. Your payment plan usually lasts three to five years, and it includes a portion of what you owe to both secured and unsecured creditors.
The bankruptcy court must first approve your plan during a confirmation hearing. After that, you’re expected to pay the amount ordered, on time, every month, until your case ends or the bankruptcy judge decides otherwise.
You don’t pay your debts directly under Chapter 13. Instead, you make plan payments to a bankruptcy trustee, who is responsible for collecting the money and distributing it to your creditors. The trustee follows a set schedule that the court approves.
The trustee will also keep records of your payments, report progress to the court, and make sure all creditors are treated fairly. If you don’t pay the trustee on time, your case can be in trouble.
Every payment in your Chapter 13 plan is court-ordered, which means it’s not optional. You must pay the full amount each month, even if unexpected expenses come up. Missing even one payment can lead to a material default, which may result in the court dismissing your case.
That’s why you must treat your monthly payments as a priority. If something changes, like a drop in income or a financial hardship, talk to your lawyer right away before falling behind.
Missing a payment in Chapter 13 bankruptcy can create serious problems, but the court may give you a chance to fix it if you act quickly and responsibly.
If you miss just one monthly payment, the court or bankruptcy trustee might allow a little flexibility, especially if you catch up quickly or explain the reason for the delay. Sometimes, a short grace period can help prevent the court from taking action right away.
However, you should never assume you’re safe just because it was only one missed payment. The bankruptcy court expects full and timely plan payments, and missing even one can still create risks to your case. Always let your lawyer know immediately so they can help you respond before the situation gets worse.
If you keep missing payments or don’t catch up in time, the trustee may file a motion to dismiss with the court. This means they’re asking the bankruptcy judge to end your case. Once this happens, the court will set a hearing, and you’ll have to explain why the missed payments happened and what you plan to do about them.
If the court believes you can’t stick to the plan, they might dismiss your case, even if you were making progress before.
When you file for Chapter 13, the automatic stay protects you from creditors, foreclosure, and repossession. But if you fall behind on plan payments, the court may lift that protection. This gives creditors permission to resume collections or go after property, like your car loan, or even your home.
Once the automatic stay is lifted, lenders may act fast to recover what they’re owed, so it's critical to respond quickly if you’re notified that a creditor is asking for relief.
The worst-case result of missed payments is the bankruptcy court dismissing your case. When that happens, your entire Chapter 13 protection ends. All debts come back, creditors can start collections again, and you lose the legal tools that were helping you manage your financial hardship.
The court could also deny a future filing for a period of time, making things even harder if you need help again. That’s why missing payments should never be ignored, even if they seem small at first.
If the court ends your case because of missed payments, the results can be serious and affect many parts of your life and finances.
Once your Chapter 13 case is dismissed, you immediately lose all protections that were in place under the automatic stay. This means creditors can start calling you, sending bills, filing lawsuits, or trying to take back property again, just like they could before you filed for bankruptcy.
You also lose the legal protection that kept your wages safe from garnishment and your home safe from foreclosure. If you're not prepared, the return of these collection actions can be overwhelming and financially damaging.
If you were behind on your mortgage or car loan, dismissal can put those assets at risk very quickly. The lender can move forward with foreclosure or repossession without needing further court approval.
Even if you were close to catching up or only had a few payments left, the bankruptcy court is no longer stopping those actions. It can feel like everything unravels at once, especially if you don’t act quickly after the dismissal.
When your case ends, the repayment plan no longer exists. Every unsecured debt and secured debt included in the plan becomes due again under the original terms. This means you could suddenly owe large amounts all at once, especially if there were past-due balances rolled into your plan payments.
Without the structure of the Chapter 13 plan, it's hard to keep up, and creditors may demand full amounts immediately or add new penalties and fees.
A dismissed Chapter 13 case will show up on your credit report and may cause more damage to your score. It also makes future filings harder. If you try to file again, the court may limit the length of the automatic stay or deny it entirely unless you show proof of a major financial hardship or change in situation.
The court can also block new filings for a set time if it believes your previous case was mismanaged. These limits are set by the bankruptcy code and are meant to prevent abuse, but they can also hurt people who simply had a hard time keeping up.
If you think you might miss a Chapter 13 payment, don’t wait until it’s too late. Taking action early gives you the best chance of keeping your case active and protecting your property.
The first and most critical step is to talk to your lawyer as soon as possible. Your attorney can explain what options you have and what the bankruptcy court might allow based on your situation. In many cases, the court may be more flexible if you’ve had a real financial hardship, such as job loss or medical bills.
But your lawyer needs time to help you. If you wait too long, it becomes harder to save your case. Communication is key, and fast action gives you the best chance to stay in control.
If you’ve only missed one or two monthly payments, the court or trustee may allow you to catch up over time. This could mean spreading the overdue amount across future payments or paying a lump sum to bring your plan current.
Catching up quickly shows good faith and can help you avoid the court dismissing your case. But don’t assume you’ll be allowed to catch up automatically, ask your lawyer what steps are required and how fast you need to act.
If your income has dropped or your financial situation has changed, you may qualify for a plan modification. This means changing the terms of your Chapter 13 plan to make your monthly payments more affordable.
Your lawyer will need to file a motion with the court, showing your income, expenses, and new budget. The bankruptcy judge must approve the changes, and your unsecured creditors may need to be notified. If approved, a modified plan can help you stay on track without defaulting again.
If your problem is short-term, like recovering from illness or being between jobs, you might qualify for a temporary suspension of your plan payments. Your lawyer can ask the court to pause your payments for a few weeks or months, depending on your hardship.
The court may allow this if you’ve made a good effort to follow your plan before the problem started. This is not automatic and must be requested through proper legal channels.
If your financial situation has become too hard to manage, your attorney may suggest converting your case from Chapter 13 to Chapter 7. This is only possible if you meet the eligibility rules for Chapter 7 under the bankruptcy code.
In some cases, hardship discharge may also be available if you’ve completed a large portion of your plan and can no longer afford to pay. Your lawyer can help you understand whether this step is right for you.
Staying on top of your Chapter 13 payments is vital if you want to keep the benefits of your bankruptcy and avoid having your case dismissed.
One of the easiest ways to make sure you never miss a monthly payment is to set up automatic withdrawals from your bank account. This way, the payment goes out on time every month without you needing to remember it.
If automatic payments are not possible, you can also set reminders on your phone or calendar to keep you on track. Missing a payment because you forgot can lead to big problems, so having a system in place is a smart way to protect your case.
It’s very helpful to take time each month to look at your budget and see if anything has changed. If you’re spending more on groceries, gas, or other bills, you may need to adjust your budget to make sure you still have enough for your plan payments.
Even small changes in your financial situation can make a big difference over time. Keeping your budget updated can help you avoid surprises that may cause you to fall behind.
If your income goes down because of fewer work hours, job loss, or illness, you should let your lawyer know right away. This gives them time to ask the court for a plan modification before you miss any payments.
On the other hand, if your income goes up, your bankruptcy trustee might expect higher payments. Your lawyer can explain what the court will require and help you stay in compliance. The key is to keep your legal team informed about any major changes.
While you’re in a Chapter 13 case, it’s important not to add new debts unless the bankruptcy court allows it. Taking on more credit, like a new car loan or credit card, can make your budget too tight and increase your risk of falling behind.
Some types of debt might even go against the rules of your plan. If you’re thinking about borrowing money, talk to your lawyer first. They can let you know what’s allowed and what could get you into trouble.
What happens if I can't make my Chapter 13 payment, and I need an affordable monthly payment?
If your payment is too high, your lawyer can ask the court to approve a new plan with a more affordable monthly payment. You must show proof of income and explain why the change is needed. If the court grants it, you can continue the case with a payment that better fits your budget.
Will missed payments affect my child support or other domestic support obligations?
Yes, but only indirectly. Domestic support obligations like child support must still be paid, even during bankruptcy. Chapter 13 does not erase certain debts like support payments. Missing your plan payments won't remove these obligations, and you must stay current or face legal action outside of bankruptcy.
Can I recover property after Chapter 13 is voluntarily dismissed?
When a case is voluntarily dismissed, the automatic stay goes away. This means creditors can try to take your car or home unless you make other arrangements. In some cases, you may be able to recover property, but you'll need to act quickly and often through a law firm familiar with bankruptcy cases.
Can I still file a personal injury lawsuit during my bankruptcy case?
Yes, but you must tell the court. If you were hurt and the personal injury was caused by someone else, you can file a claim or lawsuit. However, any money you win might be considered part of your disposable income, and the court confirms how it should be handled under your repayment plan.
Are there programs that help with Chapter 13 if I'm on a fixed income?
Some government-funded services can offer free or low-cost help, but most people will still need to work with a lawyer to handle court filings and negotiations. A trusted law firm can help you understand your rights, especially when your income is limited, and help protect you from losing assets like your home or car.
If you're struggling to keep up with your Chapter 13 payments or you’ve already missed one, don’t wait for the situation to get worse. Fleysher Law Bankruptcy & Debt Attorneys understands how stressful repayment plans can be, especially when life changes fast. Our law firm is here to guide you through every step, whether you're looking to catch up, modify your plan, or avoid losing important property.
We offer a free consultation so you can talk with an experienced bankruptcy attorney about your case, your goals, and your options. We’ll review your income, your debts, and your current financial situation to help you stay on track. Our goal is to give you peace of mind, protect your rights, and make sure you are treated fairly throughout the process.
Call today to speak with a Chapter 13 bankruptcy lawyer who can offer real help and clear answers.
Emil specializes in consumer bankruptcy, debt settlement, and mortgage modification, offering a holistic approach to solving mortgage and debt problems. Emil listens to clients, understands their circumstances and goals, and helps them make the right choices by presenting all options and contingencies.
He is dedicated to helping South Floridians regain their financial freedom from overwhelming debt caused by high interest credit cards, bad mortgage loans, and uninsured medical expenses.
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