When Does a chapter 13 end?

[kev7554]

I have been in a chapter 13 since 2008 and I am nearing the end I think here are the dates that everything happened.

Petition Filed 3/18/2008
Confirmed 6/12/2008
First payment deducted from Check 4/14/2008.

So on the first page of all my paper work it says Proposed Plan 36 months. So Does anyone know if its 36 months from first payment, Date of File or Date of confirmation that my chapter 13 will be over. I am in the state of Ohio if that helps. The reason I ask is that if you take an add up all the total amount owed from National Data Center Web site and divide that by the weekly amount taken out of my paycheck it will take 55 more weeks to complete. Thanks

[despritfreya]

A Chapter 13 ends when you do the following:

1. Make your very last Plan payment (in your case the 36th payment/36th month of the Plan which looks like March, 2011) and, if required, turnover applicable tax returns and tax refunds to the Trustee,
2. File your Financial Management Course Certificate if you have not already done so, AND
3. Certify that you qualify for a Chapter 13 Discharge if you have on-going support payments.

Once you have done the above you are entitled to a Discharge.

[Pandora]

as well as... your entire account must be audited; until that is completed, it wont be closed/discharged.

[kev7554]

So even after the 36th payment and all tax return filed and the management course is taken care of the trustee can still at this time add more months to the plan that has been confirmed?

[despritfreya]

In response to:

"So even after the 36th payment and all tax return filed and the management course is taken care of the trustee can still at this time add more months to the plan that has been confirmed?"

Pandora is correct. The Trustee has to close out the case. He/she must file a Notice of Completed Plan and Request for Entry of the Discharge. He/she must also file an Accounting in a Completed Case. He/she cannot do either until he/she has made a last distribution to the creditors AND all checks he/she has sent out have cleared the bank. This takes time. I usually tell my clients that they will get their Discharge in the mail about 60 to 90 days after making their last Plan payment.

[ABC]

My attorney and trustee have never mentioned turning over tax returns at the end of my plan ? Does this vary ?

Only thing I have been told is to call atty if tax refund is over $10,000 or 3-4 months of high earnings ( I am commissioned )

[despritfreya]

In response to:

"My attorney and trustee have never mentioned turning over tax returns at the end of my plan ? Does this vary ?"

Yes it does vary, even within a particular jurisdiction. Check your copy of the Order Confirming your Plan. If there is no mention of supplying a copy of the tax returns AND/OR turning over the tax refunds then it is not an issue for you.

[woeisme]

I'm also in Ohio, although a 60 month plan, and my trustee does not require tax returns or refunds unless over $6800 I think (I forget exact number, but it's definitely in the $6000 range). So it's not that the trustee will add more months to your plan, just that it may take some time past the 36 months for all the paperwork to be complete and you to get your discharge.

[kev7554]

Ok I thought for a minute that the trustee could extend my payments past 36 even though I have been confirmed. I know that it takes a couple of extra months before discharge is finalized. Would have been devastated to have them tell me after 36 payments that I have to go another year.