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Chapter 13 - Early Discharge?

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    Chapter 13 - Early Discharge?

    If I have any available fund from family after filing ch13, e.g., 1-2 years of payments, can I be discharged from ch13 payment schedule with one time big payment?

    Or I must stay with 3 or 5 years payment plan until the schedule is completed.

    Filed Chapter 7 on Nov 23, 2009
    341 Meeting on Dec 30, 2009
    Discharged on March 11, 2010
    Closed on April 12, 2010

    #2
    You would need to work with your lawyer on this. First, the question is whether you can actually get out of a post-BAPCPA filed plan early, without paying 100% to the unsecured creditors. The majority view is that you can't.

    The problem seems to be, that if you try to pay off your plan, at its current rate (less than 100%), the Trustee only needs to say that you have to stay in plan for the duration. Hence, no way to get out without paying 100%.

    If you did have family help you, they would have to sign documents that stated that it was not a loan and that you didn't need to pay it back. The Trustee and Court are particularly sensitive to a debtor getting into more debt, to get out of debt.
    Chapter 7 (No Asset/Non-Consumer) Filed (Pro Se) 7/08 (converted from Chapter 13 - 2/10)
    Status: (Auto) Discharged and Closed! 5/10
    Visit My BKForum Blog: justbroke's Blog

    Any advice provided is not legal advice, but simply the musings of a fellow bankrupt.

    Comment


      #3
      Probably not going to happen. As was pointed out, the consensus view is that to get out early, you need to pay 100% of claims, not just the balance of your original plan.

      Comment

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