Whew, so glad its over! Just got word that were confirmed and so the 60 month count down begins tomorrow!!! We can learn to live with the plan and I am so greatful for the knowledge gained from this site! Can you tell I'm happy! Free at last, free at last!
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Congrats! Good luck to you, I hope the plan is comfy for you and you get to the finish line.Filed Chapter 13 02/2006 - Confirmed 05/2006 - Discharged 09/2011
I'm not an attorney. My replies are merely suggestions or observations, not legal advice. As always, consult with an attorney before making any decisions.
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With regard to states that somehow skew the monthly "countdown", it goes like this: When your plan is confirmed, it is confirmed for "x" number of months and "x" dollars per month. If you multiply the months by the dollars, you will arrive at a grand total of money that the trustee will disburse to your creditors.
If you are in a 60 month plan, for example, and you ordered to pay the trustee $500 per month, that is a total of $30,000. If your plan is confirmed 10 months after filing, and you have already paid $5,000 into the plan, and you are in a state that starts the timer at the confirmation date, your plan payments will be reduced to reflect the amount already paid into the plan. A perfectly useless technicality outside of the frustration of having to wait that much longer for discharge. Even three years, the shortest amount of time for a Chapter 13 plan, is a long, long time.
The situation can work conversely as well, if a debtor has been paying less than the plan eventually gets confirmed at.
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Thanks everyone, it has been interesting leading to confirmation. UST wanted every single cent from us, I almost wanted to take it personally. But, we answered every objection the UST had at the 341 meeting in order to get confirmation in the end.
@universal, yes, in the state I'm in confirmation starts the clock, not the payments I've paid for the past two months. My atty happily stated that he would those funds first, along w/the UST.
@indebt00, your confirmation is on its way. I can't wait to hear the good news.
@kornelled, I still don't know what's going to happen to all of the monies collected in the past 2.5 months? The atty fees are only 3K, the UST should only be a couple hundred.
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Originally posted by kornellred View PostWith regard to states that somehow skew the monthly "countdown", it goes like this: When your plan is confirmed, it is confirmed for "x" number of months and "x" dollars per month. If you multiply the months by the dollars, you will arrive at a grand total of money that the trustee will disburse to your creditors.
If you are in a 60 month plan, for example, and you ordered to pay the trustee $500 per month, that is a total of $30,000. If your plan is confirmed 10 months after filing, and you have already paid $5,000 into the plan, and you are in a state that starts the timer at the confirmation date, your plan payments will be reduced to reflect the amount already paid into the plan. A perfectly useless technicality outside of the frustration of having to wait that much longer for discharge. Even three years, the shortest amount of time for a Chapter 13 plan, is a long, long time.
The situation can work conversely as well, if a debtor has been paying less than the plan eventually gets confirmed at.Filed Chapter 13 02/2006 - Confirmed 05/2006 - Discharged 09/2011
I'm not an attorney. My replies are merely suggestions or observations, not legal advice. As always, consult with an attorney before making any decisions.
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@universal, my atty told me at the very first meeting. He was quick to point out that the funds collected at the start would pay him first, since he's considered a priority debt. Its highly unlikely my plan will be reduced in the future, in fact, it will increase due to 401K loans expiring during the 13.
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Interesting discussion... I intend to find out how GA handles it as I really don't know. I do know that my pre-confirmation payments have been earmarked as 'adequate protection' payments, going to my vehicle lender.Get mortgage modified: DONE! 7 months of back interest payments amortized, payment reduced over $200/mo
(In the 'planning' stage, to file ch. 13 if/when we have to.)
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my adequate protection payments have only been $125 (two cars) these past 3 months waiting till confirmation. So to me its a lot of money collected and only half will be used towards priority debts. The only thing I can see is for two mortgage notes to get paid out of these funds, but I'm not sure about that.
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