Effect of Non-Payment.

When a Chapter 13 case is dismissed for non-payment, the Court will enter an order prohibiting you from filing another Chapter 13 case for up to six (6) months. If one of your payments is late, the Trustee will issue an Affidavit of Non-Payment. In that event you will have 21 days from the date of the Affidavit to make all payments currently due plus any payments that come due within the 21-day period. The Trustee will often consider a Stipulation of a payment program to make up for the past due amounts over time, provided you pay the current payment and the next payment due under your Plan. If you do not pay the missed payments or enter into a payment program with the Trustee within the 21-day period after the Trustee’s Affidavit of Non-Payment, your Chapter 13 case will be dismissed for non-payments. These rules are strictly applied and enforced, and neither the Trustee nor the Court will consider excuses for your non-compliance.

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