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Chapter 13 questions-

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    Chapter 13 questions-

    If you only have unsecured debt. I mean no outstanding tax issues or mortgage issues---Can you ever pay your mortgage and parent plus loans outside the "plan" ?? Also if they give you your payment for the 60 months can you ever use your 401k money and pay the lump sum to be dispursed to creditors? I know the point is to "keep" your 401k money, but I'm curious if any of this is possible?

    #2
    Originally posted by ahall View Post
    Can you ever pay your mortgage and parent plus loans outside the "plan" ??
    While all payments are part of your "plan", I assume you mean can you pay them yourself and not have to include them in your monthly trustee payment. This depends on your district/trustee. Many allow you to pay current secured loans outside of your trustee payment, but some do not.

    Originally posted by ahall View Post
    Also if they give you your payment for the 60 months can you ever use your 401k money and pay the lump sum to be dispursed to creditors? I know the point is to "keep" your 401k money, but I'm curious if any of this is possible?
    Unless you are in a 100% repayment plan, no. This is something that changed in 2005 with the updated BK laws. You must commit all of your DMI over the course of your plan. Cashing out your 401k will only get you out of your BK early if you are paying all of your creditors in full.

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