Ch. 13 Question

[lisa1972]

Hi. When we filed Ch.13, it was a 36 month contract. Well the 36 months will be up here in a couple months, but we will still owe and have been told that the payments may be extended up to 24 months.
Does this mean that the bankruptcy is discharged but we still make payments?
Does this mean our bankruptcy won't be discharged until the total is paid off?
If the latter if true, then why didn't they just make the bankruptcy for 60 months in the first place.
What specifically happens when the 36 months are up? Anything?

[lrprn]

A few questions for you.... Who told you your payment timeframe might be extended beyond 36 months? What do you mean by "we still owe? Have you had a recent increase in income or other kind of windfall that would make your trustee think you should pay more? Did you have a lawyer when you filed? If you did, what does he/she have to say about this?

Hang in there!

[lisa1972]

A few questions for you.... Who told you your payment timeframe might be extended beyond 36 months? What do you mean by "we still owe? Have you had a recent increase in income or other kind of windfall that would make your trustee think you should pay more? Did you have a lawyer when you filed? If you did, what does he/she have to say about this?

Hang in there!

Ok, here is the thing. You know the update you get from the trustee every 6 months? According to those, at the end of 36 months there will still be a remaining balance. (4-5 thousand). My lawyer (who NOW I know is a total loser, just in it for the money...not to help the client) said the trustee COULD dismiss the amount owed. Then he told me that no, we would have to pay it...that they would just extend the bankruptcy another 24 months. If I called him today, I am sure he would tell me I won a trip to Hawaii for making all my payments on time (he gives me a different answer to the same question every time I call him). I am just SOOO confused. We are trying to buy a house( renting it until we can buy it...but we have a time frame to do it in), just waiting for this to get discharged...but I don't even know it it will get discharged unless we pay off the remaining balance, after the 36 months??!!?!? I just want to pull my hair out, and knock my lawyer out.

[aa06a47]

OK, question, did your payment change anytime during the plan?..ie, reduced? Sometimes when the payment decreases, your total to pay in stays the same, just the time span lenghtens.

[lisa1972]

OK, question, did your payment change anytime during the plan?..ie, reduced? Sometimes when the payment decreases, your total to pay in stays the same, just the time span lenghtens.

Nope. Nothing signifigant happened at all. We made every one of our payments. I am going to look through my paperwork and find the exact wording so I can post it, maybe that will help.

[aa06a47]

What kind of debt is "owed" on? Secured or unsecured? There might have been an interest payment that wasn't originally accounted for in the plan. Just an idea, have no clue how they can extend the plan that was confirmed, at least without a hearing before the judge.