Chapter 13 payment amount.

[truckerswife]

Alright, I admit it I am still confused. We have had our 341 meeting but have not yet been confirmed. So far we have made 9 weekly payments of $162.50 (payroll deduction). Our unsecured creditors have until Jan 16th to file claims. According to the National Data Center (and the trustee) we are supposed to be paying $650 a month. $350 is supposed to go to our secured debt. Under how much we are paying unsecured it still says 0% right now and does not currently show that anyone has filed a claim yet. We are at 100% payback for 40 months. Trustee rate is 4.3% and a co-signor paid off one of the unsecured bills of $2500(it was ok'd by trustee). That should take us down to 36 months. If by some wonderful chance all of the unsecured creditors do not file will we still have a chance for that to effect our payment? Is the $650 just supposed to let us know what to pay until we are confirmed. I thought you had to be in the plan a minimum of 36 months. If everyone does not file and we keep paying $650 we will be done in less than 36 months. Thanks for the help in advance.

[truckerswife]

actually, i just rechecked. The site shows that $650 is supposed to come out a month in payroll deductions but next to plan base it shows $0 still. If that matters.

[lrprn]

You are still in the early Ch 13 stages. Typically no disbursements (except perhaps to your secured assets that your trustee is paying rather than you) will be made until after your confirmation. The creditors have no choice but to wait - that's the automatic stay at work.

The trustee will disburse in an order set by the current bk law.
1. Every month an administrative payment to the trustee and a fee payment to your lawyer are made until the lawyer is paid in full.
2. Next come secured payments the trustee is making to catch up mortgage arrears, make car payments, etc.
3. After that priority payments such as IRS taxes due are made until paid in full.
4. Last comes non-secureds who filed claims. These will each receive their share of the disbursement until your plan ends or until they are paid 100%.

Oddly, in our case at least the payments that our trustee makes for our cars aren't the same amounts from month to month....but that isn't our problem.

You probably won't see much payment movement until the end of each month. That's when most trustees do their disbursements. Some trustee offices are very quick to update their online accounts, others are slower.

Watch your account online at 13DataCenter and/or 13Network for 3-6 months to get a sense of what your trustee's pattern is going to be. A few trustees still don't have online access for filers - hope yours is not one of those!

[truckerswife]

The 13 data center is where I got the info. Our attorney has been paid in full and our only secured debt is past due mortgage payments. We do not owe any taxes.

[MajorMike]

Our trustee doesn't post it online...

[253BK]

What is the website to try and figure the chap 13 payment you may end up with??? Or disposalble income???

[truckerswife]

ok, thanks. Still don't know the answer though. Is the $650 payment just until confirmed? Could it go down to stretch out payments for 36 months?

[isitreal]

From my understanding, you will keep that same payment until you are paid in full. In fact, you might pay in a few extra payments until fully discharged. You would then get a refund once discharged. This is all assuming you have completed a 100% payback of all the claims, of course.

[truckerswife]

ok, then it could be less than 36 months? that's good too. Would have liked a little bit more breathing room each month, but at least it would be less time

[lrprn]

ok, then it could be less than 36 months? that's good too. Would have liked a little bit more breathing room each month, but at least it would be less time

You can't be forced to pay back more than you owe. Any overpayment that may occur as your case is wrapping up will be refunded to you after your trustee finishes the "end of case" audit.