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What is the exact point when the 60 months ends in a chapter 13?

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  • What is the exact point when the 60 months ends in a chapter 13?

    I'm approaching 5 years and I don't remember the exact point in which the 60 months starts. I filed on 7/2, was confirmed 8/1, 341 meeting was 8/20. I'm in Massachusetts and am not in a 100% payback. Assuming I've now made all 60 payments, at what point should I instruct the attorney to file for the motion to discharge 7/2, 8/1, 8/20? The attorney wasn't very specific as to what date it should be. I do know I brought my first payment with me the one time I went to the courthouse but don't recall if that was for the prior month or current month. Google has not been helpful. Thanks

  • #2
    There is no specific date on which a motion for discharge should be filed. Call your attorney and tell him you've made your 60th payment and ask what needs to be done to get your discharge. Don't stop making payments until either your attorney or your trustee tells you to stop. If you overpay, you will get a refund.
    LadyInTheRed is in the black!
    Filed Chap 13 April 2010. Discharged May 2015.
    $143,000 in debt discharged for $36,500, including attorneys fees. Money well spent!

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    • #3
      Originally posted by LadyInTheRed View Post
      There is no specific date on which a motion for discharge should be filed. Call your attorney and tell him you've made your 60th payment and ask what needs to be done to get your discharge. Don't stop making payments until either your attorney or your trustee tells you to stop. If you overpay, you will get a refund.
      x2

      Sometimes an atty. is slow to respond. My trustee was most helpful when I came to the end of my plan. Actually ended up paying an extra month but as LITR pointed out a refund was sent out for any overpayment. A call to the trustee's office gave me all the information needed when I was getting close to my final payment.
      Filed 11/10/08

      Discharged 2/18/14

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      • #4
        ok thanks for the info. I was hoping there was an exact date but it sounds like that might not be the case.

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        • #5
          In most States (jurisdictions) the duration is exactly at 60 months from the date of your first payment to the Trustee. There are some jurisdictions that measure this from the date of confirmation.

          This is why you need to speak with your attorney. I do not personally know how it is measured in Connecticut. here in Florida, our Chapter 13 durations are measured from the first payment due the Trustee which is typically 30 days from the filing date.
          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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          • #6
            ours was 60 payments from the first payment to the Trustee and we contacted our lawyer upon last payment to get things going.

            Filed July 09
            Confirmation - June 2010
            Final Payment - June 2014 - 7/2/14 DISCHARGED

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            • #7
              I reached the attorney who was able to tell me that it is exactly 60 months from the date of filing as long as you've made all 60 payments.

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