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Payments still taken out after 60 month/5 year point in Chapter 13...WHY?

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    Payments still taken out after 60 month/5 year point in Chapter 13...WHY?

    Question: Our Chapter 13 plan was confirmed on July 29, 2009 and they are still taking money out of my check. I am looking at court paper that say "The Trustee is hereby authorized to automatically adjust the plan length an additional six (6) months to accomplish the purposes of this Plan, but in no event shall this Plan last more than five years." We are now up to 47% of the debt being paid back as it has been upped twice in the 5 years because we were meeting our expectations. There is a balance on some of the debt to come up to the 47% but I thought based on what the papers say that it can't be extended past 5 years. Can someone help me understand? We currently have enough money paid in from my last 2 checks to cover the remaining balance. Does this mean we will be done after this month and if there is a balance left over, will we receive that back or can they just take the extra money and evenly disperse it among the remaining debt? Any help would be great. We just want to be done and don't understand why they are still taking money out of my check. Thanks in advance.

    #2
    You should call your attorney. Somebody needs to submit and order to terminate the wage order. Sometimes it is the debtor's attorney and sometimes it is the trustee. Procedures vary by state. The 47% is not the way to determine whether your plan is complete. That is only an estimate made at the time the plan is proposed. If your plan was to go 60 months past confirmation and you make one payment per month, then you should be done after 60 payments (120, if payments are made twice a month). If you pay more than the plan requires, 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
      Mine also said 60 months from the date of filing, but I am at 65 months and counting. Still coming out of my check but NDC finally says "J completed" whatever that means? I just keep waiting and waiting. Called my attorney and they were no help, finally had to check Pacer documents and a motion was filed after I requested a modification to change the "start the clock" from the filing date to the confirmation date. Nothing was ever sent to me to inform me of this change. Only an email from my attorney saying that the Trustee accepted the modification "with changes". It didn't tell me what the changes were. I still have the email and it still makes me mad that I wasn't informed. Its now a month past the 5 year confirmation and yep, its still coming out of my check this week....I'm so over this.

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