Bankruptcy Forum

Pay Beyond 60 Months?

Maximo
07-17-2009, 05:26 AM
I called our attorney a couple of weeks ago because our excess fund in the trustee account was over $8,000. Then a couple days later the trustee payed on a bunch of accounts bringing the amount down to $32.00. The paralegal prints out a statement and it says at the bottom "Estimated months left to payoff case: 69. Holy crap we have already been paying for 11 months on our supposed 5 year plan and now we have to go longer.....I don't get it. :cry:

optimistic1
07-17-2009, 07:57 AM
What was your attorney's explanation? Have you called the trustee's office to clarify what is going on?

justbroke
07-17-2009, 08:21 AM
As stated, I would ask your attorney or Trustee what the deal is. Regardless of what a "report" prints out, a plan cannot be over 60 months by operation of law. Something is wrong in the calculation, the payment amount or some debt that's being paid into the plan. Just work with your lawyer on figuring out what the issue is.

keezeed
07-20-2009, 05:45 AM
Crazy question, but can you 'voluntarily' pay beyond the 36/60 months?

optimistic1
07-20-2009, 12:09 PM
Crazy question, but can you 'voluntarily' pay beyond the 36/60 months?

No, and why would you even want to?

justbroke
07-20-2009, 02:58 PM
Crazy question, but can you 'voluntarily' pay beyond the 36/60 months?First you have to understand what a "legal" plan length is. A plan can never exceed 60 months. At the end of the 60 months, you either get a discharge or you don't. Not getting a discharge after 60 months is like being in jail for 5 years... but you were never charged with any crime... so getting out, doesn't mean you "paid" your dues to society. :)

Now... once you actually have a discharge, you do not need to pay any of the discharged debt back. While you can, and it would be entirely voluntary... there's no reason to. In some particular cases, some people with debtors with doctors that they "like" or are "friends", they may try to pay them back AFTER the discharge.

However, and again... why would you?