I'm getting out a year early.

[Debtkiller]

I am almost 4 years in to a 5 year 35% payback chapter 13 plan. Lately I have being feeling the pinch financially because of the economic slowdown caused by the coronavirus. I was tired of struggling, so I called my attorney and ask for options to get out of chapter 13. My attorney said I really had only two options; get it dismissed and take my chances with the creditors, or do a 100% payback which would be over $60,000. So my attorney went to the trustee and explained my situation. So to make a long story short, the trustee is letting me payoff my case early for just a little over $10,000 with money from my 401k. And thanks to the CARES ACT, I won't have to pay the 10% penalty on my 401k withdrawal either. My attorney said I should have my discharge letter within 30 days of receipt and I'll be free from bankruptcy.

[shipo]

Awesome news!

[justbroke]

Welcome to BKForum.

Wow. That's pretty exciting news.

[sophieanne]

Wow...that is great!! A very open minded trustee😊

[newlife13]

Great solution! I'm glad that worked out for you. How much will you save compared with paying the next 12 months? Or is it a wash and you're just taking the hit from your 401K?

[Debtkiller]

It didn't save much on the remaining year of my plan, but it is saving me $2000 per month now that I'm out. My wife didn't file with me, so she had debt outside the plan I was able to pay, too. I'm debt free except for the mortgage and monthly utilities. Also now that I'm out of chapter13, I can start putting money into my retirement again.

[sophieanne]

Congratulations ..,what a wonderful feeling to be done. I was in the same situation as you.,,extremely high payment that I was able to pay off a year early..it’s a major sigh of relief. Enjoy your new financial freedom.

[Barbisi]

Big congrats, Debtkiller!
You are so lucky that in spite of the sad Covid-related circumstances, you have a compassionate and sympathetic trustee who is allowing you to get out early with out penalty . Now you can truly begin to live again!
We still have 18 months to go and our trustee is doubling (maybe tripling ) our payment because my husband was laid off last year and fortunately got a much better paying job immediately. Just as our lawyer attempted to fight the first motion for increase, my husband got an unexpected 5% off market analysis pay increase to bring up his salary to what comparable engineers are earning. That $400 is gone and that's OK, but if he raises our payment by the original $600 he demanded as well, I don't think we can pay $1600 a month. That would be almost three times what we were paying (a little under $600) and he would dismiss our case in the blink of an eye -that's the kind of "reasonable" trustee we have! LOL

[5yrplan]

You'll still have to pay taxes on the 401K withdrawal so you will lose 20-30% of it fyi So it's just like you are borrowing at 20-30% interest. Maybe try for lower trustee payments. Borrowing from you future is not a good idea.