top Ad Widget

Collapse

Announcement

Collapse
No announcement yet.

Early Payoff - 9 months to go

Collapse
X
 
  • Filter
  • Time
  • Show
Clear All
new posts

    Early Payoff - 9 months to go

    Hello all!
    I'm now 51 months complete. My base plan remaining is abt 23K but, my 100% payback would be an additional 40K based on claims.
    I know the t-tee uses discretion when supplying an early payoff amount. I'd like to refi the house , etc and move on. Wondering If i have a shot at an paying the 23K off early - most likely from spouses brokerage funds (not a joint plan). Can't seem to find an definitive answer.
    If I requested the early payoff and it came back at 100%, can I just continue as is or does it open a can of worms.
    My attorney says it's up to the t-tee and worse case just keep paying as is and decline the early payoff but I'm concerned the t-tee would start probing , asking questions , etc.
    Anyone has success with the above scenario?

    #2
    The only way to really tell, is for your attorney to ask the Trustee for a payoff figure. Once that is obtained and the payoff amount is doable, then your attorney would prepare a motion to modify confirmed plan and hopefully file it as a "joint" motion to modify!

    Other than that, there is no speculating about this. You are in a 60-month plan since you were required to be in such a plan (because you were over the median). You typically would need to pay 100% of the "allowed" unsecured claims to get out early. Some jurisdictions allow, with Trustee approval, an early out if you have completed at least 36 months.

    The answer lies with the Trustee and your actual payoff amount. Don't worry about the Trustee probing! There is nothing to probe! Your assets re-vested with you at confirmation and other than your DMI, that's all the Trustee is to manage. Many people ask for the payoff, then get sticker shock, then say a polite no thanks! Some people will refinance to pay it off, and others may pull a 401K loan (not that I would recommend the 401K loan).
    Chapter 7 (No Asset/Non-Consumer) Filed (Pro Se) 7/08 (converted from Chapter 13 - 2/10)
    Status: (Auto) Discharged and Closed! 5/10
    Visit My BKForum Blog: justbroke's Blog

    Any advice provided is not legal advice, but simply the musings of a fellow bankrupt.

    Comment


      #3
      9 months goes by fast!!!!
      Discharge date: October 2017 (will it ever get here?)

      Comment


        #4
        I would stick it out for the 9 months of payments and wait for discharge.

        Comment


          #5
          I would also wait for the 9 months. Do not touch spouse funds!

          Comment

          bottom Ad Widget

          Collapse
          Working...
          X