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I have a 36 month plan in the state of Md. I just mailed my first payment last week and my 341 is set for the first week of Feb. Does the 36 month clock start when I send my first payment or when im finally confirmed?
I, too, am curious about the answer. I have a feeling there is no hard and fast rule on this. According to my payments so far and doing some math it appears that the "clock" started the day that I filed.
Chapter 13 plans start with the first payment (due within 30 days of filing) and then 35 monthly payments after that, due the 1st of the month. At least in your case of a 36 month plan.
Confirmation date has nothing to do with it.
filed chapter 13..confirmed...converted to chapter 7...DISCHARGED!
I am in Eastern District of Michigan and was told our 60 months will not start until after confirmation. (yeah, I asked about how this was possible, since we could be in a plan that runs longer than 60 months)
Not an expert on this, but our attorney was very clear on this matter. Not sure if other MI members can weigh in...
Michigan is most certainly the state with the "from confirmation" status. It's the only state I've heard of that does this.
Filed Chapter 13 02/2006 - Confirmed 05/2006 - Discharged 09/2011 I'm not an attorney. My replies are merely suggestions or observations, not legal advice. As always, consult with an attorney before making any decisions.
A question, what happens if you file Chapter 7 and have to convert to a 13? When is the first payment typically due as that is considered the first payment?
In all probability, and adjustment in the plan payment amount would be called for to account for all of the money submitted to the trustee before the confirmation date. So the formula would be: Monthly Plan Payment X 36 = Total Plan Payment. Then, Total Plan Payment minus Payments made to the trustee before confirmation, divided by 36 = Adjusted Monthly Plan Payment. Simple.
Here was my case timeline thats completed hope this helps. This was at 100% payback 5 year plan in Michigan.
Date Plan Filed 7/1/2004
First 341 Meeting Date 8/9/2004
Date Case Confirmed 9/22/2004
Last Payment Date 8/18/2009
Date Case Closed 1/15/2010
Not to confuse you... I added the payments up... we paid 124 payments total being as we paid twice a month. This also included deductions from the plan of any additional charges our lawyer charged throughout the plan. Which we had a few. The trustee paid him from our plan balance. I hope this makes sense to those asking.
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