Legally reviewed by Massachusetts bankruptcy attorney Michael Goldstein · Last reviewed September 27, 2026
Missing one Chapter 13 payment does not automatically end your case, and no rule sets a number of payments you can miss. The trustee can move to dismiss or convert your case, and in Massachusetts you have 21 days to respond before the court may grant the motion without a hearing. You can usually catch up, amend the plan to lower payments, or convert to Chapter 7. If the case is dismissed and you refile within a year, the automatic stay lasts 30 days unless the court extends it.
This covers missed payments to the Chapter 13 trustee and missed direct mortgage or car payments. Child support or alimony that came due after you filed is a separate ground for dismissal under 11 U.S.C. §1307(c)(11).
How many Chapter 13 payments can you miss in Massachusetts?
No statute or Massachusetts local rule sets a number, and the Bankruptcy Code has no grace period. A missed payment is a listed ground for dismissing or converting the case under 11 U.S.C. §1307(c), and the trustee, any creditor or the U.S. Trustee can file the motion. If you’re still learning how the plan works, start with our overview of Chapter 13 bankruptcy in Massachusetts.
Does it matter if my plan hasn’t been confirmed yet?
Yes. Your first payment is due within 30 days after you file (§1326(a)(1)), before the court approves the plan. Before confirmation, the fix is an amended plan under Rule 13-10 of the court’s Chapter 13 Rules. If the court denies confirmation, the case is dismissed without further notice unless, within 14 days, you file an amended plan, move to convert, or obtain a stay (Rule 13-17(c)).
What happens after the trustee files a motion to dismiss?
You have 21 days from service to respond, and if you don’t, the court may grant the motion without a hearing (Rule 13-17(a)). If the motion was mailed to you, add three days (Fed. R. Bankr. P. 9006(f)).
From missed payment to decision
- Payment missedTrustee’s records show it
- Motion filedNo rule sets how soon
- Motion servedAdd 3 days if mailed
- Response dueNo response: ruling without a hearing
- Court decidesCured, amended, dismissed or converted
A response usually shows the default has been cured, proposes an amended plan, or asks for a different outcome. Paying the shortfall doesn’t end the motion by itself, so make sure a response is filed or the trustee withdraws the motion before the deadline.
Can the court convert my case to Chapter 7 instead?
Yes. The court picks dismissal or conversion based on what’s best for creditors (§1307(c)). If your home equity exceeds what Massachusetts protects ($125,000 automatically, up to $1,000,000 with a recorded declaration of homestead), conversion lets a Chapter 7 trustee sell it. See what Massachusetts exemptions protect.
Received a motion to dismiss?
Bring the motion, your payment receipts and recent pay stubs. Attorney Goldstein will review your plan and your options.
Schedule a consultation (781) 745-3792How do I catch up, or lower my Chapter 13 payment?
Pay the shortfall to the trustee, or ask the court to modify the plan. Payments must be made by certified check, money order or the trustee’s authorized electronic system, not a personal check (Rule 13-19(a)). Your plan controls whether a tax refund can be applied, and every return you file must be reported to the trustee (Rule 13-9(c)). Talk to your attorney before borrowing to catch up, because debt taken on during the case without trustee approval may not be discharged (§1328(d)).
Massachusetts difference. Many districts fix missed payments with a payroll deduction order. Massachusetts doesn’t: the court will not approve direct payment to the trustee from your employer (Rule 13-19(e)).
Can my payment be lowered after a job loss or pay cut?
Yes. After confirmation, 11 U.S.C. §1329 lets the court reduce payments or spread them over more time. In Massachusetts, you file a motion with an amended plan, the reason for the change, and updated income and expense schedules; creditors get 30 days to object (Rule 13-12). Keep paying the current amount until the court approves the change (Rule 13-19(b)). The same statute lets the trustee ask to raise your payment if your income goes up.
How the First Circuit differs. In Barbosa v. Solomon, 235 F.3d 31 (1st Cir. 2000), a Massachusetts case, the court held that a plan can be modified without proving a “substantial and unanticipated” change. The Fourth Circuit requires that showing.
There is one hard limit. A modified plan can’t run past five years from the first plan payment (§1329(c)), so if you’re already in a 60-month plan, you can’t add months to absorb missed payments.
What if I fall behind on my mortgage or car payment during Chapter 13?
The lender can ask the court for relief from the automatic stay (§362(d)), and if it’s granted, the lender can resume foreclosure or repossession. In Massachusetts, the lender’s attorney must usually contact your attorney at least 7 days before filing (Rule 13-16-1(a)), and to oppose a mortgage motion you file the court’s Schedule of Payments in Dispute (Official Local Form 14). Our guide to stopping foreclosure with Chapter 13 explains how the mortgage is handled in the plan.
- Watch escrow notices. When taxes or insurance go up, the lender files a payment change notice (Rule 3002.1). Paying the old amount builds a shortfall without you noticing.
- Read bold capitals in any cure agreement. A clause allowing automatic dismissal or stay relief if you miss a future payment is void unless it’s in capital letters and bold type (Rule 13-16-2(c)).
- Dispute what the lender says you owe. Since December 1, 2025, you or the trustee can ask the court to determine the status of your mortgage during the case, and the lender must respond within 28 days (Rule 3002.1(f)).
What are my options if I can’t catch up?
You can convert to Chapter 7, ask for a hardship discharge, or dismiss the case. Each one costs something different.
| Option | What it does | What it costs |
|---|---|---|
| Convert to Chapter 7 (§1307(a)) | Ends the plan; discharges qualifying debts, including most debts incurred during the Chapter 13 (§348(d)) | No way to catch up mortgage or car arrears; nonexempt property goes to a Chapter 7 trustee; no Chapter 7 discharge if you received one in a case filed within 8 years |
| Hardship discharge (§1328(b)) | Discharges unsecured debts without finishing the plan | Available only if the failure isn’t your fault, creditors already got at least Chapter 7 value, and modification isn’t practicable; mortgages and other nondischargeable debts survive |
| Voluntary dismissal (§1307(b)) | Closes the case | Collection resumes; stripped liens can return; a 180-day refiling bar if a lender had asked for stay relief |
| Ignore the motion | Case dismissed or converted | Same as dismissal, or an unplanned Chapter 7 |
If you convert, money the trustee is holding comes back to you (Harris v. Viegelahn, 575 U.S. 510 (2015)). See our page on Chapter 7 bankruptcy in Massachusetts for how that case would proceed.
Before you dismiss your own case, check whether a lender has filed a motion for relief from stay. If one has, dismissal bars you from refiling for 180 days (§109(g)(2)), and a new filing in that window won’t stop a foreclosure.
What happens if my Chapter 13 case is dismissed, and can I refile?
Dismissal ends the automatic stay, so foreclosure, repossession, lawsuits and wage garnishments can resume. You get no discharge and still owe your debts, less what the trustee paid. Cosigners lose the protection of the co-debtor stay (§1301). If you used the plan to strip an underwater second mortgage, dismissal can put that lien back on your home (§349(b)), because lien stripping is generally tied to completing the plan.
You can ask the court to undo a dismissal within 14 days (Fed. R. Bankr. P. 9023). If you refile within a year instead, the new automatic stay ends on day 30 unless the court extends it after a hearing held within those 30 days, so file the motion to extend with the new petition (§362(c)(3)). If the earlier case failed under a confirmed plan, you must overcome a presumption of bad faith with clear and convincing evidence. A third case within a year starts with no stay at all.
How the First Circuit differs. In Smith v. Maine Bureau of Revenue Services, 910 F.3d 576 (1st Cir. 2018), the court held that when those 30 days run out, the entire stay ends, including protection for estate property. The Fifth Circuit reached the opposite result. Massachusetts follows Smith.
What Chapter 13 deadlines apply in Massachusetts?
| Deadline | Time | Authority |
|---|---|---|
| First plan payment after filing | 30 days | 11 U.S.C. §1326(a)(1) |
| Fix the plan after confirmation is denied | 14 days | MLBR App. 1, R. 13-17(c) |
| Respond to a motion to dismiss or convert (add 3 if mailed) | 21 days | R. 13-17(a); Fed. R. Bankr. P. 9006(f) |
| Lender contacts your attorney before a stay-relief motion | 7 days | R. 13-16-1(a) |
| Amended plan after a lender gets stay relief | 30 days | R. 13-16-3(c) |
| Objections to a motion to modify a confirmed plan | 30 days | R. 13-12(d) |
| Lender response to a mortgage status motion | 28 days | Fed. R. Bankr. P. 3002.1(f) |
| Motion to undo a dismissal order | 14 days | Fed. R. Bankr. P. 9023 |
| Automatic stay in a case refiled within a year | 30 days | 11 U.S.C. §362(c)(3) |
| Refiling bar after certain dismissals | 180 days | 11 U.S.C. §109(g) |
| Maximum length of a modified plan | 5 years | 11 U.S.C. §1329(c) |
The bottom line
One missed Chapter 13 payment is usually fixable; an ignored motion to dismiss often isn’t. In Massachusetts you have 21 days from service to respond. A confirmed plan can be modified to lower payments, but never past five years from the first payment. If the case is dismissed and you refile within a year, the First Circuit’s rule ends the entire automatic stay after 30 days unless you get it extended in time.
Behind on your Chapter 13 plan?
Attorney Michael Goldstein represents Massachusetts debtors in Chapter 7 and Chapter 13 cases from his Mansfield office.
Schedule a consultation (781) 745-3792More questions about missed Chapter 13 payments
Can I pause my Chapter 13 payments?
No. The Bankruptcy Code has no suspension provision. Relief comes through a court-approved plan change, and payments continue until the court approves it (Rule 13-19(b)).
The trustee says I missed a payment, but I paid. What should I do?
Give your attorney your money order receipts, certified check copies or electronic confirmations to compare with the trustee’s records. A payment sent without your case number can end up unapplied.
Does missing a payment affect my cosigner?
During the case, the co-debtor stay (§1301) generally protects a cosigner on a consumer debt, though a creditor can ask the court to lift it in some situations. If your case is dismissed, that protection ends.
My lawyer isn’t returning my calls and I’m behind. What can I do?
The attorney who filed your case must keep representing you until the case is dismissed or closed or the court allows withdrawal (Rule 13-6(a)). Put your request in writing. For your payment status, contact your trustee: Carolyn A. Bankowski (Boston) or David A. Mawhinney (Worcester), listed on the U.S. Trustee Program’s trustee list.
Continue reading
Attorney advertising. General information about Massachusetts and federal bankruptcy law, not legal advice for your situation. Reading it does not create an attorney-client relationship. Attorney Michael Goldstein, 20 Cabot Blvd, Suite 300, Mansfield, MA 02048, (781) 745-3792. We are a debt relief agency. We help people file for bankruptcy relief under the Bankruptcy Code.
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