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How does a chapter 13 end earlier then 60 months

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  • How does a chapter 13 end earlier then 60 months

    I am brand new to these boards and getting great info from many of you. I am just making my 35th payment of 60. This has been one of the hardest journeys in our families lives. I have heard and read that some people have had their ch13 paid in full earlier then 60 months..some by a few months and some by a year. How does that happen and how will I know. On a sidenote...i have the worst lawyer who I wish I could fire...no communication...and after reading some of the info here...I think i got screwed big time....

  • #2
    Danielson v. Flores (In re Flores), No. 11-55452 (9th Cir. Aug. 29, 2013). That decision impacted bankruptcy debtors on the West Coast (the 9th Circuit is made up of California, Hawaii, Idaho, Oregon, Washington, Arizona, Nevada, Montana) who make more than the average bankruptcy debtor or consumer. The Flores 2013 case states that an above-median-income debtor MUST be in a 60-month Chapter 13 repayment plan.

    To qualify for early discharge, generally speaking, you must have made your 36 payment on your 60 month plan. Second, you must come up with a very good reason why you need to be discharged earlier. There's no clear policy on how the Flores decision is implemented, judges seems to take it on a case by case basis.

    Early discharge discussion came up on year 3 of my chapter 13 with my counsel. I'm not a lawyer, so take what I said for what it's worth. Your best bet will be to contact your non-responsive lawyer. Wishing you the best of luck!
    Last edited by underh20; 05-22-2017, 02:27 AM.

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    • #3
      Hi. In my case our plan ended about a year early. We were in a 100% payback plan and paid the balance early. What helped us also, is that not all creditors filed, so that reduced the
      balance owing. I agree you might want to try and speak to your attorney to see what he says. Are you in a 100% payback plan?
      Filed Chapter 13 - 07/20/12
      Discharged 8/2/16

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      • #4
        Thanks. My laywer never even told us how many months our plan was...I never knew you could have a 3 year plan. Our payment is 2400.00 a month so i am glad we are on a 5 year plan. After our pmt we are living off off 1200 for a family of 8. We pay more out then we take in....thank goodness for my parents who take me grocery shopping every week..or we would be on the street...anyway...I will be making a phone call today...it usually takes 3-4 phone calls before I get a hold of him. I know i got some report in Feb which had 100% in columns that was next to my amount owed. It was my car and mortgage. I had less then $4000 in credit cards....my mortgage co screwed me up....I went about two years paying the wrong amount on my mortgage...plus some skipped payments which was my fault then they came after me for arrears which I couldn't pay up front so then came foreclosure. We were current on car and the little cc we had. If I knew I had less then 24 months like i should have I would be one happy gal.

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        • #5
          My 60 month plan will end somewhere around the 40th month because my mortgage lender filed to remove the stay protection and the arrearage was no longer owed by me. I'm not happy about the situation, but being that I moved clear across country, there wasn't anything I could have done anyway to protect my family's former home.

          My BK attorney is nothing great either. I went to him because I was scared and had my back against the wall. In the end, I believe he didn't care about my situation at all. I went into this knowing nothing and I still am not convinced I made the right decision to file.

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          • #6
            Originally posted by Dgrah24 View Post
            Thanks. My laywer never even told us how many months our plan was...I never knew you could have a 3 year plan.
            The minimum (and maximum) number of months for a plan is dictated by law. If you were under the median, you can propose a 36 months plan. If you are over the median income, you can only be in a 60 month (5 year) plan. Some under the median income people propose longer plans to make sure their plan is feasible. Those not paying 100% can not propose a plan shorter than 3 or 5 years (based on that formula).

            Originally posted by Dgrah24 View Post
            Our payment is 2400.00 a month so i am glad we are on a 5 year plan. After our pmt we are living off off 1200 for a family of 8.
            This is usually an indication that the debtor is trying to keep property that they cannot afford. It is probably the arrears that made your payment so high.

            A $2,400/month 60 month plan pays back $144,000. While that include the Trustee fee and attorney fees, it should also pay your arrears, pay your car off. You should review your confirmed plan. It would be very strange to still have 2 years left with all secured and priority debt paid, with only $4,000 in other unsecured debt remaining, yet you're paying $2,400/month.

            Too many unknown variables to make a guess.
            Chapter 7 (No Asset/Non-Consumer) Filed (Pro Se) 7/08 (converted from Chapter 13 - 2/10)
            Status: (Auto) Discharged and Closed! 5/10
            Visit My BKForum Blog: justbroke's Blog


            I am not an attorney. Any advice provided is not legal advice.

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            • #7
              Do you regularly check your Ch 13 case on www.ndc.org,? Just curious since you referred to the annual statement from the trustee you received in February.

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              • #8
                Thanks. Our arrears were high so I would think that is why payment it high. I just tried the website that was mentioned and Pittsburgh PA area does not participate? Called lawyer and of course no reply.... Just back to counting down til May of 2019 I gyess

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                • #9
                  So in a 100% plan they don't take all disposible income... making it possible to pay in less than 5 years... is that correct? Assuming you have left over disposible to add to balance.

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                  • #10
                    Originally posted by MLR2017 View Post
                    So in a 100% plan they don't take all disposible income... making it possible to pay in less than 5 years... is that correct? Assuming you have left over disposible to add to balance.
                    While some Trustee (and even debtor attorneys) will say to just pay DMI and get it over quicker, you do not need to do so.

                    Chapter 7 (No Asset/Non-Consumer) Filed (Pro Se) 7/08 (converted from Chapter 13 - 2/10)
                    Status: (Auto) Discharged and Closed! 5/10
                    Visit My BKForum Blog: justbroke's Blog


                    I am not an attorney. Any advice provided is not legal advice.

                    Comment


                    • #11
                      Thank you! That eases my mind.

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