Early 13 Payoff?

[jmwi791]

My Situation:
Adjustable rate and paycut/along with some poor budgeting got me in trouble
Filed October 2007
Confirmed February 2008 100% payback until shortages from mortgages are claimed.
Let house go January 2008 Approx owed approx. 75K more than market price
25K on 1st / 50K on 2nd
BoA finally forclosed May 2009 - Trustee pushed issue with BoA Attorney
Neither bank has filed claim 1 year later
2 cars paid outside plan - 1 paidoff last month - 2nd next month
Daughter's college loan paid outside plan after our objection to claim (they wanted money Jan 2008 when by their contract it was not due until Jan 2010-would have added $800 to monthly payment and would not have been paid off after 60 months)
31 months into 60 month plan - 100% payback

My Issue:
I want to get on with my post BK life, my wife and I can afford to pay off the plan in less than a year but my Attorney is afraid paying extra will open a can of worms with the trustee.
1. Can the mortgage companies file claims at any point during the 5 year payback or have they waited too long?
2. Will paying extra make the trustee look at my case and try to get the banks to finalize claims?
3. If I borrow money from a family member, can I make a one time payment to my plan and will this get my discharge quicker?
Thanks
FYI - A good budget and cash is a great way to go though life.

[lrprn]

I want to get on with my post BK life, my wife and I can afford to pay off the plan in less than a year but my Attorney is afraid paying extra will open a can of worms with the trustee.

You do understand that an early plan payoff (if the trustee allows it) may not be the amount you see you now as being owed on your trustee's website? And that in all the plans we've seen so far under the 2005 bk law that were able to pay off early, those filers had to pay whatever the early payoff sum the trustee says they had to pay in one lump sum?

1. Can the mortgage companies file claims at any point during the 5 year payback or have they waited too long?

When your lawyer amended your plan to surrender the house, your creditors - including the mortgage company - were renotified about the change so they could file a claim if they haven't already. Typically in this situation the creditors are given a specific period of time to do so - typically 30-45 days. Do you remember what the time frame was for your plan amendment?

2. Will paying extra make the trustee look at my case and try to get the banks to finalize claims?

So far in the early payoff cases we've seen, you won't be able to "pay extra" - you very likely have to pay the 100% still owed in one lump sum. However, early payoffs under the 2005 bk law are still an evolving Ch 13 issue. Perhaps something different about early payoffs has been decided in your district or local court?

3. If I borrow money from a family member, can I make a one time payment to my plan and will this get my discharge quicker?

As already stated, chances are paying off everything left that you owe in one lump sum may be the only way to get out of your 13 early.

Ask your lawyer if any 13ers have been able to pay off their Ch 13s early in your local court, state, or bk district yet. If yes, then that gives you an idea of what path your early payoff might have to follow.