If you're an expectant working mother and will take medical leave from your job during your Chapter 13 bankruptcy , you may be able to reduce payments based on your reduced income for that time period. A debtor's Chapter 13 payments are determined by the means test which looks at a debtor's average monthly income for the six months prior to filing bankruptcy.
One option for using the medical leave to reduce Chapter 13 bankruptcy payments, is to take the leave before filing bankruptcy and once you return to work file bankruptcy and use the leave to reduce your monthly bankruptcy payments. If however you are unable to wait until after you have returned from your medical leave to file bankruptcy, you can work with your bankruptcy attorney to convince the court that the leave will reduce your income and therefore your Chapter 13 bankruptcy payments should be reduced.
If you have already filed for Chapter 13 bankruptcy and must take medical leave, you can work with your bankruptcy attorney to modify your Chapter 13 bankruptcy plan. To find out more about how medical leave affects a debtor's Chapter 13 bankruptcy plan, contact a Dallas-Fort Worth bankruptcy attorney today.