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Question about 100% Plan?

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    Question about 100% Plan?

    Hello
    Is there a way to determine within the bankruptcy paperwork we filed if we are in a 100% plan?
    I created an account with Pacer, however, I am not sure where to find the information within Pacer either? I dont want to get clicker happy and rack up a bunch of Pacer Fees

    **We are 1 year 10 months into our Chapter 13 Plan

    #2
    Technically, the percentage of payback does not matter to the supermajority of Chapter 13 filers. There's no way to tell unless you look at your Chapter 13 Plan, look at all the filed claims, add them all up, factor in interest and the Trustee fee, and then determine what you must pay. There are also other nuances such as the "minimum" that you must pay into the Chapter 13 based on the so-called "best interest of creditor's test" or the Chapter 7 liquidation test.

    These are advanced topics and calculations. As such, it's best to look to your attorney or to your Chapter 13 plan. If your attorney says that you must file a 100% plan, then it's obvious. Otherwise, I don't believe that debtors should worry about the percentage payback.

    Now, since you already filed and are past confirmation, you can look at your Order of Confirmation and there should be an appendix which contains what the Trustee intends to pay. You can look at your total payment multiplied by your plan duration (e.g. 36 or 60 months), and then check that against your base plan. Again, this should not matter for anyone that is not in a 100% plan.
    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
      Thank you so much for replying and explaining. I will review my Order of Confirmation and see what I can figure out? I have to email a paralegal to get any answers so I am trying to educate myself a bit about the ins/out of this process. Thank you again

      Comment

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