Can they increase plan length?

[DOA]

Ok, I have one question that I am not sure of here. Under the OLD law, which is when I filed, if I receive a payment modification can the trustee extend the plan length from 36 mo. to whatever he wants?

[aa06a47]

Ok, I have one question that I am not sure of here. Under the OLD law, which is when I filed, if I receive a payment modification can the trustee extend the plan length from 36 mo. to whatever he wants?

Yes, I believe he can, but he cannot extend it past 60 months. I believe alot depends on % payback and if secured debt payments are in there somewhere.

[kags1969]

Yes. Speaking from experiance, the trustee can extend the lenght of the payments.

Here is my fact set.

I started with a 980/month payment. I made this payment for 12 months until the plan was confirmed. The trustee had issue with some of my expenses and the payment increased to 1540/month. So my plan was extended to 42 months (12x980 and 30x1540). This got the total close to 1540x36.

Chris

[DOA]

Ok, well, only one of my secured debts was included in the plan, and they were going to pay back 100% to unsecured. My house and truck are both paid outside the plan. So I guess we will see how it plays out. Funny, my trustee filed an objection to our plan modification that I have a thread about, and the court clerk sent HIM a deficient filing notice saying he didn't even fill the objection out right! No case numbe and no debtors names on the objection he filed on PACER.