How does this work?

[athomas]

DH and I filed a Ch. 13 under the old law back in 2004, and are less than 9 mos. from the 60 month mark. Our atty originally proposed a 36 mo. plan, but that was later changed to a 60 month plan, with 60% going to our unsecured creditors. The thing is, none of them filed claims. Our 1st and 2nd mortgages are paid within the plan, along with arrearages to each which have since been paid. We had a few small priority claims which are to be paid at 100%. In the grand scheme of things they are pretty insignificant - less than $1000. I have noticed on the trustee's website that we have been carrying a balance in our trustee account of nearly $3000-$4000. Each month our mortgages and the trustee fee is paid, but nothing else...and that balance keeps growing. Our atty tends to make me feel like an idiot when I ask questions, and I am just trying to understand what will happen...will the trustee just send our unsecureds something near the end even though they didn't file a claim? Our plan base doesn't cover 60% of our balances, but it exceeds the amount due to cover our regular mortgage payments between now and the end of the plan and the trustee fees, etc. I'm just confused.

I also noticed that our case is scheduled to be closed about 2 months and three weeks after the anniversary date of our filing, or in other words 2mo. 3 wks. after the 60 months is up. The close date matches 60 mos. after confirmation, and our plan base won't be paid in full until just before then. Is there any chance that they will want full payment of the balance of plan base right at the 60 mos. after filing mark? We're so near the end and I am terrifed of any surprises.

[rrockinggramma]

You will be done paying it sounds like on your confirmation date. My plan was set up the same way. If NO unsecured's filed claims then they will get nothing at the conclusion of your plan. It is possible you may get a refund after all of your secured's and priority claims are paid.

Do you have access to the 13network or the 13datacenter? There you can see if any claims were filed. But in my case, my plan ended on my confirmation date. But my case wasn't "closed" until Dec 11th. My confirmation date was Nov 3. However I am still awaiting discharge. But my payments stopped on the anniversary of the confirmation date.

[athomas]

Anyone else have any experience with this situation?