When does your Ch. 13 actually start?

[brtb]

Does the 60 months start the day you file or when your plan is confirmed?

Thanks!

[LadyInTheRed]

In most places it starts on the day you file. However, there are some districts where it starts on the date the plan is confirmed. I don't remember any of those districts being in Virginia.

[kornellred]

The general rule is found in the Bankruptcy Code, 11 U.S.C. Sec.1326(a)(1) which states that the first plan payment is due within 30 days of the filing of the bankruptcy petition, unless otherwise ordered by the bankruptcy court.

With the exception of a couple of states, you make "X" number of payments (depending upon your plan length - 5 year plans can actually be less than 60 months) at the rate of one each month. It really does not matter which month is considered as the starting month - it is the number of payments. The bankruptcy court will stipulate the due date of the payment to establish the ground rule for lateness, but payments are typically due before the 1st day of any given month, for that month.

[woeisme]

I'm in Ohio (Southern District) and have been in my CH 13 for 67+ months now! The plan is paid off but it's been listed as "pending review" in the CH 13 data center for months now and despite no distributions of payments in months, the wage order is still in effect. (Looking forward to a nice big refund when this finally settles out tho!) I didn't contest going over 60 months because we still owed $ at the end of the 60-month mark due to a 3-month suspension of payments mid-way through the plan, so this allowed us to get everything paid off and not dismissed since we would have been really hurting to come up with the 3-month back-log all at once, but now it's getting just plain ridiculous! I want my discharge already!

[filingin08]

I'm in Ohio too. Northern District trustee *allows* the plan to go 60 months from confirmation if you need extra time (mabye your district is same?). We needed a few months, so we'll be about 63 months and we had about 6 months of payments deferred due to new birth and death in family. Payment went from 1225 in the beginning to 1775 now. Our payments would have been 60 months from confirmation, but we (finally) surrendered our house and one of the arrearages dropped off the plan. I will say our trustee/attorney seem to be on top of the next step, so I hope we aren't waiting months for discharge!