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    Plans longer than 60 months

    Hello,
    This is my first post, so bear with me. I just found this site within the past week and I've been searching for a question similar to the one I need to ask. I couldn't find anything so here goes:
    I'm learning that every case is very different. My wife and I filed Bk 13 in early 2007. Because one of our car payments wasn't in our name (was in the name of a family member...long story) the trustee would/could not accept that we paid the monthly bill. The trustee objected to the car expense and modified our plan to run longer than 60 months. So the plan is scheduled to run about 70 months total.
    My wife and I are anxious to move on and we spoke to our lawyer about our options. He stated that since we filed after that magical date - October '05, I believe - that we were not able to buy out early, BUT since we have already gone past 60 months we could use our tax refund and a small cash gift from a family member to pay off the balance.
    I haven't found any information on this anywhere. I've just seen people say that if you want to buy out early you have to pay 100%, but our lawyer indicated that is true if you are less than 60 months in.
    Our attorney is rather nonchalant about this, but I'm worried. I have the money between our tax refund and a cash gift from a relative to pay for what would amount to our remaining payments.
    So we come to my question: What is the likelihood that I send in the remainder of my payments and the court keeps the money (around 7K) and I have to continue making payments anyway?
    Any input is appreciated.
    Thanks,
    W

    #2
    I forgot to mention that we HAVE passed the 60 month mark

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      #3
      Perhaps you are in a state where the confirmation date is the start date of your 60 months. Have read here that it varies state to state.
      Filed 11/10/08

      Discharged 2/18/14

      Comment


        #4
        That could be.

        To the OP: When was your plan confirmed?
        ~~ Filed Over Median Income Chapter 7: 12/17/2010 ~~ 341 Held: 1/12/2011 ~~ Discharged: 03/16/2011 ~~
        Not an attorney - just an opinionated woman.

        Comment


          #5
          Confirmation date is 6/13/07, but my lawyer said 60 months was up as of 2/13 which is 60 months from when our petition was filed. According to our plan we are expected to pay through early January '13

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            #6
            I's suggest to let it ride. Don't make any waves pay the payments and wait on the discharge. The last few months will tick by.

            Comment


              #7
              I would ride the plan out just in case. It would be 7 thousand given to unsecured and the plan might not end

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