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I am a little bit peeved about our bankruptcy.

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    I am a little bit peeved about our bankruptcy.

    My husband and I filed Chapter 13 bankruptcy in June of 2004. In Chapter 13 they take every extra penny you earn and pay it toward the creditors. Our payment every month has been $578.00. It has been so hard to make these payments, but we have perservered and done it.

    Well when we filed we filed to make 48 payments. So that would put our pay-off in June of 2008. In October of 2004 my dh was put on light duty after he was hurt. So we had three months of payments deferred, so the payoff would be September 2008. I had heard that it takes a while to get the paperwork together and we would be making a couple more payments until it was finalized. So the payoff to me would be November 2008.

    Well, dh's dad has told us he would like to payoff the bk for us. So I write a letter and ask for the payoff. I get a letter back today that says we still have 21 months, not 13 months until our payoff. They also want to know where we are getting the money.

    Dh is going to freak out. We thought we were on the tail end of this thing and now they are saying we have an extra 9 months!!! What the h*ll!!!

    Has anyone out there ever filed Chapter 13? Can they add on months???
    ~Chapter 13 "Old Law"~ per NDC SITE
    Filed: 6/04 * 341: 7/04 * Confirmed: 10/04 * Case Closed: 4/09 * Discharged: 6/09 *

    #2
    I believe if you want to pay off early they can request you to pay your unsecured at 100%, could that be the difference?

    Comment


      #3
      You filed under old laws and are in the plan over 36 months, so you should be able to pay off early. They should not add more months. Are you in 100% pay-back plan?
      Filed CH7 - 10/13/05;
      341 Meetings: 11/28/05, 3/20/06, 12/4/07 (3d time's a charm!)
      Converted: 2/15/06 (to CH13), 10/15/07 (Back to CH7)
      DISCHARGED: 2/15/08

      Comment


        #4
        Coma, we are in a 20% pay plan.

        I called the lawyer's office. The legal assistant made me feel a little better. She said that we were down for a 48 month payment plan and with the 3 months deferred so a total of 51 months.

        She said the trustee site was showing we had 21 months left. So she is going to email the trustee and see how many months left and what the payoff is. She said it would probably be a couple of weeks, but she would let me know as soon as she heard.
        ~Chapter 13 "Old Law"~ per NDC SITE
        Filed: 6/04 * 341: 7/04 * Confirmed: 10/04 * Case Closed: 4/09 * Discharged: 6/09 *

        Comment


          #5
          You can check for yourself about your Plan.

          If you haven't already, you can sign up for an acct to monitor your Ch 13 Plan. Payments into and out. Which Creditors are paid what.

          https://www.13datacenter.com/index.asp
          Filed Ch 7 - 09/06
          Discharged - 12/2006
          Officially Declared No Asset - 03/2007
          Closed - 04/2007

          I am not an attorney. My comments are based on personal experience and research. Always consult an attorney in your area to address concerns related to your particular situation.

          Another good thing about being poor is that when you are seventy your children will not have declared you legally insane in order to gain control of your estate. - Woody Allen...

          Comment


            #6
            I'm thinking that the interest that is accruing to our secured debts, is what is extending our plan. I think that is wrong, but what can I do about it. We are at the mercy of the courts.

            It was my thought that we would pay for 48 months and whatever wasn't paid would just be discharged. I guess I was wrong.
            ~Chapter 13 "Old Law"~ per NDC SITE
            Filed: 6/04 * 341: 7/04 * Confirmed: 10/04 * Case Closed: 4/09 * Discharged: 6/09 *

            Comment

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