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has anyone had a payment plan that is for the wrong term.

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    has anyone had a payment plan that is for the wrong term.

    We have our trustee meetings on monday12/6. I noticed in our paperwork that the payment plan which is 100% payback was wrong. I realize I shouldn't complain because it is in our favor. Has anyone had it say 36 months instead of the 60 months. We are suppose to pay 1140 for 60 months and surrender the house. The plan is all unsecured and we are paying car loans seperate.

    #2
    Call the discrepancy to your lawyer's attention tomorrow morning (Friday) before your 341 meeting next Monday. Your trustee's staff is going over your filing papers closely and the chances of them missing a 3-year designation for a 5-year plan is about zero. Best not to have your lawyer caught off-guard at your 341.
    I am not a lawyer and this is not legal advice nor a statement of the law - only a lawyer can provide those.

    06/01/06 - Filed Ch 13
    06/28/06 - 341 Meeting
    07/18/06 - Confirmation Hearing - not confirmed, 3 objections
    10/05/06 - Hearing to resolve 2 trustee objections
    01/24/07 - Judge dismisses mortgage company objection
    09/27/07 - Confirmed at last!
    06/10/11 - Trustee confirms all payments made
    08/10/11 - DISCHARGED !

    10/02/11 - CASE CLOSED
    Countdown: 60 months paid, 0 months to go

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      #3
      Of course, make sure that your lawyer knows about it before the 341. In my case, which I did pro se, the plan said 60 months, but anyone with a calculator could figure out it would take about 27 months to do 100% payback of all debts.
      Filed Chapter 13 pro se: 9/30/2008, 341 Meeting: 11/15/2008, Plan Approved: 1/6/2009, 100% of all claims paid: 10/19/2010. Trustee closed case: 11/5/10 DISCHARGED: 11/18/10

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