Ch 13 going beyond 60 months

[katrina03]

I was looking forward to last week, because that would have been our last payroll deduction. Our plan was for 5 years. The attorney reminded me that due to unemployment and a few missed mortgage payments a few years into the plan, that our plan was re-written. At the time, I thought the 60 months would stay the same, just less would go to the unsecured creditors. (We're paying 20% to unsecureds). But I guess not? I don't see it written anywhere that our plan would be extended. Has anyone had this happen? I was crushed to say the least when I found this out. I've been counting down to this date for a long time.

Katy

[LadyInTheRed]

A plan cannot go beyond 60 months. Is it possible you are in one of the few districts that counts the 60 months from the date of confirmation instead of the date of the first payment? I believe Michigan and Ohio are the two states where that happens.

[Carter]

I have a question my confirmation letter states 60 months of $400 per month and a total of $24,000. If I go by 60 months I will be done 9/29/12 if I go by $400 per month or $24,000 it's 11/2/12. I have asked my atty when exactly I will be done and he hasn't answered me!

[Reddrocket07]

I have run into the same issue due to my lawyer continually charging if I call and ask questions, even when i talk to the paralegal. They charge me for calling, submit paperwork to the trustee for additional payment from my monthly payments, send me a letter notifying me that they requested the additional payment and then bill me for sending that letter. This has caused my 60 month repayment plan to get behind by two payments. I plan on sending extra payments to cover this. However the paralegal said not to do this. I should make an appointment to meet my lawyer to review it, thus causing my plan to get further behind even more by billing me for this. I'm going to send a little extra in regardless of what the paralegal says. However, I was under the impression that debtors could not go beyond 60 months in a repayment plan? At least that's what I've been told by my lawyer and paralegal in Ohio.

[justbroke]

One problem with getting to the end of the plan is something known as the audit. The Trustee will make sure you paid the "base plan" amount. If your base plan was not modified, then you may have a lump sum due at the end. This is specifically why you need to work with and understand your attorney on what your plan base is and what happens if the 60 month plan ends, and you haven't met the plan base.

I would stay on top of my attorney at the end of plan... especially within 90 days of the plan being completed. There are things that need to be done and they have district-specific requirements. Knowing your whether your plan will complete properly is important to know.

[flowerchild]

One problem with getting to the end of the plan is something known as the audit. The Trustee will make sure you paid the "base plan" amount. If your base plan was not modified, then you may have a lump sum due at the end. This is specifically why you need to work with and understand your attorney on what your plan base is and what happens if the 60 month plan ends, and you haven't met the plan base.

I would stay on top of my attorney at the end of plan... especially within 90 days of the plan being completed. There are things that need to be done and they have district-specific requirements. Knowing your whether your plan will complete properly is important to know.

This ^^^^^^

This is one of the best pieces of advice to have for those nearing the end of their plan. Make sure you have your ducks in a row. Call your trustee if need be to get a complete picture of what monies are owed if any. You can't always depend on your attorney to give you the answers. This just happened to me this week and my plan is set to close at the end of this month. I found out that I owed a lump some of over $1100 and I had to scrape that together to send in to the trustee. If I had not called to find out myself I can't imagine the horror I would have felt having my case dismissed after paying for 65 months. So take this advice that JustBroke gave very seriously.

[indy4wins]

My plan base has been paid in full for almost one month now; My calendar 60 months isn't over until October 3rd; I contacted the trustee and they told me that I have to stay in the plan for an applicable 60 months; The reason this is so is because I was originally in a 100 percent pay back plan, but when my wife and I divorced, we filed a motion to modify the plan in 2009; The motion was granted and we fell below 100 percent, above median income because there are now 2 households and two incomes instead of one household and two incomes, plus the addition of my ex-wife's now 2 year old daughter; Not mine; Good luck to the father; He's going to need it; We didn't have kids; Once the motion kicked in, it took about 2 months, for my pay to adjust, so I was paying the original amount instead of the new amount if all of this makes sense; Well, the result is I paid the plan base off 2 months early, so now they're collecting money from me still, and will until the last day, which is slated to be 10/3/12; I was told I would get the money back, we'll see, once the audit is done, unless an unsecured creditor comes in at the last minute and asks for some money, in which the trustee could still honor; Anyway, 47 days and counting until the end; Have a nice weekend everyone;