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    Pay off early?

    Hello. I just found this forum yesterday. I wish I had had this forum in 2003 when I filed for Chapter 13.

    My question involves paying off early. As I type this, last night I had briefly reviewed the court documents I was sent from when my Chpt. 13 was confirmed. Since July 2003 (I filed in June of 2003), I have been diligently making my payments every single month, come rain, sleet, or storm. I have, literally, gone out in severely bad weather to get the cashier's check and mailed it to the trustee just to get it in on time! My biggest fear was missing a payment and having everything rewound and reversed and my case dismissed. I did not want that to happen.

    Okay. So!

    I have 14 payments left now, just over a year. Essentially, I have made making my monthly trustee payments as a part of my life like breathing and eating. And I have not missed a payment in the last 4 years since this event occurred in my life. I am soooooooooo close.

    On a whim, I called the trustee's office yesterday and found out what my unofficial payoff is. Much to my surprise the number is small enough that I could, literally, scrimp and save and have it paid off in about 2 months. Maybe 3 if I want to be conservative. Finally, I can see the light at the end of the tunnel!

    This is rather emotional for me as I am sure many of you can attest to.

    I realize I need to call my attorney and ask them to get a requested pay off to get the actual amount due and that it also depends on the terms of my judgement (?) as to whether I can actually do a pay off and be out of bankruptcy early. In my initial consult with the attorney I asked them that very question, "Can I pay off early if I am capable of doing so?" He said yes. This was four years ago ... now I just want to make sure which is why I would be asking again.

    This is finally all so close. When I started on this journey four years ago, SIXTY MONTHS seemed like such a very very long time and I didn't even want to think about the end. Now that I am near (only a year left), and the fact that I have enough in savings to finally pay it all off and be free and clear - there is now, finally, hope for me. A glimmer of a light in my dark financial tunnel. As I type this, I want to cry from joy.

    My question is this:

    If it is possible to pay off the trustee (and I know that financially it is possible), and all my ducks are in a row and I'm allowed to do so, should I go ahead and pay it off a year early? My partner seems to feel that it is a good idea so I can start repairing my credit and getting on with my life. I'd really like to buy a house sometime.
    Last edited by chpxiii; 05-18-2007, 08:06 AM. Reason: fixing typos!
    Chapter 13 Filed "Old Law"
    Filed: 6/2003 Confirmed: 3/2004
    Early pay off sent: 10/05/2007 - 9 months early
    11/16/2007 - Discharged!

    #2
    Originally posted by chpxiii View Post
    If it is possible to pay off the trustee (and I know that financially it is possible), and all my ducks are in a row and I'm allowed to do so, should I go ahead and pay it off a year early?
    You filed under the old Ch 13 law, and as long as you've paid on time for two years, you can pay off. You've more than met that requirement. Why wait? Go for it, and congratulations!! You've achieved something that only 30% of Ch 13 filers manage - you are going to make it to discharge and closing!! Way to go!! Woo hooooooooo!!!
    I am not a lawyer and this is not legal advice nor a statement of the law - only a lawyer can provide those.

    06/01/06 - Filed Ch 13
    06/28/06 - 341 Meeting
    07/18/06 - Confirmation Hearing - not confirmed, 3 objections
    10/05/06 - Hearing to resolve 2 trustee objections
    01/24/07 - Judge dismisses mortgage company objection
    09/27/07 - Confirmed at last!
    06/10/11 - Trustee confirms all payments made
    08/10/11 - DISCHARGED !

    10/02/11 - CASE CLOSED
    Countdown: 60 months paid, 0 months to go

    Comment


      #3
      BIG QUESTION?????

      Were you paying back at 100%?????

      If not, the the Trustee might think you have "extra money" he doesn't know about, let you apply it, then tell you that you will still be paying for the total 60 months.

      Trustees want to know where you got the money for the early payoff.......course all you have to do is tell him you saved it....... but he looks at it like this "if you have money to SAVE, you had more money to give the Creditors.....

      Be sure you talk to your attorney about this and the consequences.... Lots of people do early payoffs, but most payment plans were based on 100% payback.

      Keep us posted.
      Minny

      "It's amazing the paths that our feet sometimes follow in life".

      My suggestions are from "personal experience" and research only. Do not consider this as legal advice. Each bankruptcy case is different.

      Comment


        #4
        lrprn:

        Thank you so much for the positive note. It's encouraging to see that under the old law you could pay off after 2 years. I just "ran the numbers" and am planning on calling my lawyer in August. (I have a move in June, and a wedding to attend in July.) I'm so excited. So very excited.

        Minnymouth:
        Your questions are my questions too. :-) Yes, it is a concern for me as to whether I can pay them off. Which is why I said if I am allowed to do so. I will be calling my lawyer when I am ready.

        I do know at the debtor's class I attended the day of my 341 meeting they stressed strongly about starting a savings account - almost immediately, and even encouraged it. For those times when we need it. I know prior to my filing I was already learning fiscal responsibility (although, my filing was due to not being able to find a job after a number of years after the dot com bubble burst.) So I never got the impression that the trustee would ever "wonder" about where any money "came from" since I was told, at that debtor's class, to actually start saving.

        And I'll definitely be talking to my attorney first. :-)

        ----------

        Folks, I'm so close. So very close...
        Chapter 13 Filed "Old Law"
        Filed: 6/2003 Confirmed: 3/2004
        Early pay off sent: 10/05/2007 - 9 months early
        11/16/2007 - Discharged!

        Comment


          #5
          I think the "old law" is that you must pay in all disposable income for 36 months or 3 years, not 2 years. But you are beyond that and should be able to request a payoff and get out early. I plan on doing this myself. I am 23 months into a 41 month plan.

          kags

          Comment

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