Discharge question

[kmjatl]

I can't get a straight answer from my atty on this...

Originally I filed on a 60 month, 32% plan in Feb. 2011 Plan base was ~61K.

After proofs of claim were filed, there were only 39K in claims, and I am now about to make payment # 28 - 30.5K has been paid in to the plan. (including tax refunds)

According to my calculations, in about 10 months there will be no more creditors to pay.

What happens then? Am I stuck paying the trustee, who then pays no one, for the remainder of the 60 month term? Or can I be discharged?

Thanks.

[dmc-2008]

Maybe the % goes up and you just pay more? Good luck!

[justbroke]

If you pay 100% of the allowed unsecured claims, you may need to modify your Plan to show that you have completed the plan requirements.

[kmjatl]

Maybe the % goes up and you just pay more? Good luck!

Actually, after the deadline for proof of claim, the % went up to 100. So the 39K is at 100% for unsecured.

[kmjatl]

If you pay 100% of the allowed unsecured claims, you may need to modify your Plan to show that you have completed the plan requirements.

And while the trustee drags that out, everything goes in the category of "Debtor Refund"?

[justbroke]

And while the trustee drags that out, everything goes in the category of "Debtor Refund"?

Yes, it would be a refund. I'm more worried about the processes and procedures in your particular District. In some Districts, the debtor's attorney must do certain things, such as motion for discharge, motion to vacate wage orders, and other procedural things. I just want you make sure that you stay on top of this. There is nothing worse than having the Trustee continue collecting from your employer for 3 months after your plan payments should have stopped (been there, done that).

[kmjatl]

Yes, it would be a refund. I'm more worried about the processes and procedures in your particular District. In some Districts, the debtor's attorney must do certain things, such as motion for discharge, motion to vacate wage orders, and other procedural things. I just want you make sure that you stay on top of this. There is nothing worse than having the Trustee continue collecting from your employer for 3 months after your plan payments should have stopped (been there, done that).

Oh I'm on top of it. Even trying to figure out hoq to slip some extra $ in there....

[TooMuchCredit]

We're both in GA and might join the discharge club at the same time . My plan was at "32%" as well. I have 10 more payments to the 60 month mark. I'll hit the 32% mark in 5 months, but since I'm less than 100%, I'll have to keep paying until the 60 month mark. Whoo-hoo!