Not more than 60 months?

[Don]

My wife and I filed Ch. 13 in May, 2003. The documents the attorney gave us said that our bankruptcy would last at least 36 months, but "not more than 60 months". Someone I know filed Ch. 13 a few months earlier and is now discharged (after 36 months) - without paying off the entire amount. She had the same attorney and almost the same payment. We're now on our 42nd month and still going. What determines whether the case lasts 36 months or 60 months? I called my attorney's office several times, but no one would return my calls. Finally they called and left a message which didn't answer my question.

I found something on another website that said,

Typically, the Plan payments last for 36 months, unless additional time is requested, but in no event will they last more than 60 months. Therefore, if your payment analysis shows, for example, that you can afford to pay $200.00 per month (above and beyond your normal living expenses), you would pay that each month to the Chapter 13 Trustee, who would disperse it pro rata among your creditors. At the end of 36 months, you are discharged from all dischargeable unsecured debts, regardless of how much your creditors have received.

If this last part is true, then why wasn't I dischared after 36 months?

Thanks!

Don

[SinkingFast]

You filed Old Law, so Old Law rules how your plan is run.

Why in the world you weren't given a fixed, set number of months to repay, I don't know.

Since you aren't getting an answer from your attny, there are other ways to get info.

Check the Ch 13 National Data Center and see what it says about your plan:

https://www.13datacenter.com/index.asp

Try calling the Clerk of the Court and see what info you can get from him/her.

Call your Trustee's office. See what they have to say.

The very least you deserve is to know what the status of your Ch 13 Payment Plan is.

[CATCHMEIFYOUCAN]

Cool

That Data site is cool ! I can see my payments, creditors, who got what etc.

Thanks !

Catchmeifyoucan

[Don]

Thanks very much for the link. There's a lot of good info there, but nothing on the duration of my case. I'll call my trustee.

Thanks again.

[SinkingFast]

You are very welcome!

The end part of the statement you highlighted is true, regardless of how long you pay.

When you finish paying your Ch 13 plan, what ever is left will be discharged. You'll be done at that point.

You just need to know when that will be.

[anonymuse]

Get an answer from your attorney--I'm sure you paid him plenty. You also might want to check your final paperwork that confirmed your plan since I would **think** it would have to be on there.

Under the new law, if you are below the median income, you're limitted to 36 months. If you're over, generally it's 60 months unless you can payback 100% before then.

[CATCHMEIFYOUCAN]

Pacer compared to The Data Center

Does this link give different information than Pacer ? I haven't attempted to use Pacer, because 8c a page adds up (ok, ok, I'm cheap!), just curious

https://www.13datacenter.com/index.asp

Catchmeifyoucan

[anonymuse]

From what I understand, PACER covers the legal aspects where the data center focuses on the financial aspects.

[SinkingFast]

Does this link give different information than Pacer ? I haven't attempted to use Pacer, because 8c a page adds up (ok, ok, I'm cheap!), just curious

https://www.13datacenter.com/index.asp

Catchmeifyoucan

As Anon said, PACER is the legal side of your BK. Your Petition, the 341, any objections, etc.

The National Data Center shows all your plan payments coming into the Trustee and the disbursements the Trustee makes to which Creditors.

[kags1969]

Pacer should have a PDF of the plan you filed and the plan as it was confirmed and will tell you how long you have to pay. Save the PDF's and you will have a good electronic record of what happened in your case.

Chris

[aa06a47]

Under the old law, unless there was some reason to go beyond 36 months (catching up house payment, other secured / priority debts / being a good samaritan) you would usually only go 36 months. (At least, this is how I understand things)

[FoolAndHisMoney]

Before BAPCPA most plans were at least 36 months. If you had non exempt property that would have been liquidated in a chapter 7 then the unsecured creditors must receive at least the liquidated value of this property and in some cases it may take over 36 months. Some may need more time to pay secured creditors any arrearages to prevent a foreclosure or repossession. This type of chapter 13 still applies for debtors below the median. Today all debtors above the median must be in a 5 year unless they pay 100% before the 60 months.

[CATCHMEIFYOUCAN]

Reimbursement

My wife and I filed Ch. 13 in May, 2003. The documents the attorney gave us said that our bankruptcy would last at least 36 months, but "not more than 60 months". Someone I know filed Ch. 13 a few months earlier and is now discharged (after 36 months) - without paying off the entire amount. She had the same attorney and almost the same payment. We're now on our 42nd month and still going. What determines whether the case lasts 36 months or 60 months? I called my attorney's office several times, but no one would return my calls. Finally they called and left a message which didn't answer my question.

I would think you would be told why your plan was "extended?" I don't know how long it takes for the final files come in saying that you are discharged, but I think if any amount over the 36 months (if you plan states 36 months, will be reimbursed to you! Definitely check with your lawyer and if not the Trustee.
I'm on a 5 year plan, the Trustee mentioned in my meeting, once you've completed the plan 36-60, than any amount paid past the plan will be reimbursed, it just takes a minute for the paperwork to be completed, etc.

Good Luck, Catchmeifyoucan