Can You be Kept in 13 Past the 60 Month Max in the Order

[Nomad]

I made my first payment to the trustee in October 2005. Confirmation was in January 2006, which makes January 2011 the start of the 6th year. The court order signed by the judge regarding the bankruptcy said the Chapter 13 would not last past 60 months. Well, I'm are getting really close to that length of time. Does anyone have any experience with this situation. Can my lawyer bring up that phrase wave it in front of the trustee and say end this now, after I reach 61 months? Any advice would be appreciated.

[godeep99]

Me too

I'm in the same boat. Filed in September 2005. Contacted my attorney yesterday and told him next week will meet my plan base. Attorney stated that if I hear from trustee then stop making payments if not by November to let him know(he's lazy). He also stated the trustee is swamped now with discharges since these were all who filed before the new law. Just when you think your done.......

[Flamingo]

I made my first payment to the trustee in October 2005. Confirmation was in January 2006, which makes January 2011 the start of the 6th year. The court order signed by the judge regarding the bankruptcy said the Chapter 13 would not last past 60 months. Well, I'm are getting really close to that length of time. Does anyone have any experience with this situation. Can my lawyer bring up that phrase wave it in front of the trustee and say end this now, after I reach 61 months? Any advice would be appreciated.

Contact your attorney to check on this and you will be advised what to do. If you have a wage order in place, the Trustee will also have to remove that and do continue to pay your monthly payment until you are advised otherwise...you will be refunded. Keep track of everything...

[rexycar]

kinda of same here

I too filed in October of 2005 and have completed my base plan. Data 13 says creditors have been paid, but I have something called a status conference scheduled for December of 2010, which my attorney says "they schedule those." Not completey sure why it is scheduled, I didn't miss any payments, never any kind of modification to plan, etc. Not all cases that I have read have status conferences. My lawyer originally told me 30-45 days before I would be discharged, but that I think pretty much flew out the window since I think I'm stuck until December now. So, that being said I think the can technically keep you longer than 60 months, but I think your base plan has to be met in 60 months. I am certainly no expert and I could be wrong, as I am just going on my experience thus far. I certainly hope your discharge comes quickly and you don't have to wait months after your final payment is made.

Once your base plan is met, though, I would get a hold of your lawyer immediately so he file a motion to stop the wage attachment if you have one, as if he/she doesn't they will continue take payments out of your check until the wage attachment is stopped my someone and if you wait for the trustee it could be awhile.

On the Data 13 website, it says the close date for my case isn't until January of 2011.

Good luck to you. Early congrats for making it to the end.

[Nomad]

Contact your attorney to check on this and you will be advised what to do. If you have a wage order in place, the Trustee will also have to remove that and do continue to pay your monthly payment until you are advised otherwise...you will be refunded. Keep track of everything...

The garnishment ended by court order in June, or there abouts. The point now is to move on and end the Ch 13 all together. This is the sore point I have with the trustee. They were to have done the audit and finish in MARCH 2010. They must be totally overwhelmed, but I am not sympathetic at all. They are being paid, by me, to do a job for the court and they think that they can get away with murder. Maybe they can, but I intend to make that a rocky road along the way.

[ccfriend]

I live in Michigan and here the 60 months doesn't start until after confirmation...I am glad that I made my first payment in July and I was confirmed in August so I won't be too many months over the 60.

[AlbanyMan]

It is my understanding a chapter 13 case must be completed by the 60th month following filing of the case, I have some cases which have addressed this issue. Check with your lawyer about the strict time frame of 60 months. Good Luck.

[soccermom]

Hopefully your making it rocky will help. I will be interested to see if they let you go past 60 months. Our first payment was December of 2005 on a 36 month plan. Our wage attachment stopped in January of 2009. We have been in the audit phase since. Since we started paying a few months after you, but had a shorter time period, we will hit the 60 month window after you do. If you get the 60 month payment shortly then maybe we will follow in a few months. I am keeping my fingers crossed.