Whew, so glad its over! Just got word that were confirmed and so the 60 month count down begins tomorrow!!! We can learn to live with the plan and I am so greatful for the knowledge gained from this site! Can you tell I'm happy! Free at last, free at last!
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Congrats! Good luck to you, I hope the plan is comfy for you and you get to the finish line.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.
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With regard to states that somehow skew the monthly "countdown", it goes like this: When your plan is confirmed, it is confirmed for "x" number of months and "x" dollars per month. If you multiply the months by the dollars, you will arrive at a grand total of money that the trustee will disburse to your creditors.
If you are in a 60 month plan, for example, and you ordered to pay the trustee $500 per month, that is a total of $30,000. If your plan is confirmed 10 months after filing, and you have already paid $5,000 into the plan, and you are in a state that starts the timer at the confirmation date, your plan payments will be reduced to reflect the amount already paid into the plan. A perfectly useless technicality outside of the frustration of having to wait that much longer for discharge. Even three years, the shortest amount of time for a Chapter 13 plan, is a long, long time.
The situation can work conversely as well, if a debtor has been paying less than the plan eventually gets confirmed at.
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Thanks everyone, it has been interesting leading to confirmation. UST wanted every single cent from us, I almost wanted to take it personally. But, we answered every objection the UST had at the 341 meeting in order to get confirmation in the end.
@universal, yes, in the state I'm in confirmation starts the clock, not the payments I've paid for the past two months. My atty happily stated that he would those funds first, along w/the UST.
@indebt00, your confirmation is on its way. I can't wait to hear the good news.
@kornelled, I still don't know what's going to happen to all of the monies collected in the past 2.5 months? The atty fees are only 3K, the UST should only be a couple hundred.
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That's not true in most cases. Unless someone is in a 100% plan, the unsecured creditors (and the trustee percentage) will be at a higher payoff for those of us in states that the clock starts at confirmation. Plan payments are not reduced in my state.Originally posted by kornellred View PostWith regard to states that somehow skew the monthly "countdown", it goes like this: When your plan is confirmed, it is confirmed for "x" number of months and "x" dollars per month. If you multiply the months by the dollars, you will arrive at a grand total of money that the trustee will disburse to your creditors.
If you are in a 60 month plan, for example, and you ordered to pay the trustee $500 per month, that is a total of $30,000. If your plan is confirmed 10 months after filing, and you have already paid $5,000 into the plan, and you are in a state that starts the timer at the confirmation date, your plan payments will be reduced to reflect the amount already paid into the plan. A perfectly useless technicality outside of the frustration of having to wait that much longer for discharge. Even three years, the shortest amount of time for a Chapter 13 plan, is a long, long time.
The situation can work conversely as well, if a debtor has been paying less than the plan eventually gets confirmed at.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.
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@universal, my atty told me at the very first meeting. He was quick to point out that the funds collected at the start would pay him first, since he's considered a priority debt. Its highly unlikely my plan will be reduced in the future, in fact, it will increase due to 401K loans expiring during the 13.
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Interesting discussion... I intend to find out how GA handles it as I really don't know. I do know that my pre-confirmation payments have been earmarked as 'adequate protection' payments, going to my vehicle lender.Get mortgage modified: DONE! 7 months of back interest payments amortized, payment reduced over $200/mo
(In the 'planning' stage, to file ch. 13 if/when we have to.)
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my adequate protection payments have only been $125 (two cars) these past 3 months waiting till confirmation. So to me its a lot of money collected and only half will be used towards priority debts. The only thing I can see is for two mortgage notes to get paid out of these funds, but I'm not sure about that.
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Filed March 9, 2010;
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