Where do I find...

[aces67]

the total maximum amount that we have to pay back?

What I mean is we are 22 months into a 60 month Ch 13. Our monthly payments will total $9454 at the end of the 60 months. However last year the trustee took our tax refund of $4272 and instead of applying to the $9454 he applied it to another creditor. He paid them extra or something. This year we will be getting around $1200 back and I'm trying to figure out how much excess he can take before he actually has to start using it to pay off our plan early.

Can anyone tell me where to look?

Edited to Add: There is one page I see that says Ch 13 PLan Summary. It states the total unsecured debt is $15794.77. So is that the maximum amount we may have to pay?

Thanks!

AManda

[HHM]

Unfortunately, there is no maximum. Any additional money the trustee gets (i.e. tax refunds) gets ADDED to your plan. There is no such thing as paying off the "plan amount" early. (short of paying back 100% of the claims of unsecured creditors in less than 60 months).

Basically, adjust your withholding so you have very small refunds, or kiss your future tax refunds good bye.

[aces67]

That's what I mean though. We didn't have much debt to begin with. The total debt that we included in our plan when we filed was only $15794.77.

So we can't pay back more than that right? I mean if we did where would it go?

[HHM]

Ok, let's back up...

What was your total unsecured debt when you filed your chapter 13 (not just how much you are paying back in your chapter 13), but the total amount?

But you are correct, the "limit" on what you payback is the total amount of all the claims filed in your case minus the secured claims that you are paying directly.

[aces67]

Sorry I should have been clearer in my original post. We only claimed $15794.77 in debts. So I'm assuming then that's the MAX we could have to pay back. So will the trustee continue to take the refunds every year and use them eventually to pay off the plan early or just let us start keeping them?

I've worked on our exemptions and our refund is lower this year than last year but I still don't have them high enough. I'm afraid of upping them too much b/c I'm afraid of owing the IRS and then not having the extra money to pay them with.

[HHM]

Correct, if the trustee, by taking your tax refunds + your regular monthly payments, pays off all claims in your chapter 13, the plan will end when all claims are paid. The Max you will pay is your unsecured debt + the trustee fee.