Payments end before closing date?

[godeep99]

I am scheduled for a closing date of December 28 2010. When my base plan is met it will be August 27 2010. Does this mean that I am still in 13 till the closing date? Any ideas?

[newbie2]

In our district (Eastern in Michigan) we pay a full 60 months from confirmation. My "base plan" will also be ending approximately 7 months before that time frame, but the trustees in our area will just add the extra payments to the unsecured.

Frankly, this bugs the heck out of me. We paid into the plan for 3 full months before confirmation. According to my math that is 63 months of payments. Yet, the bankruptcy laws state no plan to go beyond 60 months. I don't know how they get away with it.

Your district may differ, and I hope it does!

[joek]

this is the same question i had asked a few months ago. So I turned to my attorney and ask him. He said he was looking at my case and saw the IRS payments would not get me out of the plan within the 60 months, so he objected to the amount owed, and sure enough, the amount the IRS had claimed was incorrect. With the correct amount now in place, he told me I would be out several months early. He also stated that he had several cases where they were paid off before the 60 months. Apparently my district works differntly than some others. Also "so orderd" by the judge in my case i have 0.00% going to unclassified unsecured creditors. If he is correct, mine will end short of the 60 months.

[justbroke]

I am scheduled for a closing date of December 28 2010. When my base plan is met it will be August 27 2010. Does this mean that I am still in 13 till the closing date? Any ideas?

For purposes of a Chapter 13, the plan base is just the "minimum" you must pay into the plan. Your case ends either when the plan base is paid, or your applicable commitment period is met... whichever comes later, and doesn't exceed 60 months.

In the majority of Districts, you will be in your Plan until the plan end is reached, not when you have paid back the plan base. You could have your attorney motion to modify your confirmed plan in order to move the date to August... but in your case, it is probably not worth the effort, and the likelihood in succeeding to change your commitment period will vary based on District.