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Paying Back early an option after 36 months?

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    Paying Back early an option after 36 months?

    I read somewhere that some trustees after 36 months will accept early payoffs even if its not 100% payback, has anyone on here heard this or tried it?

    My Chapter 13 was scheduled to end after 36 months April of 2011 but was recently informed that it will take an additional 9 months after that to complete 70% payback. Needless to say I'm in shock thought I was in the home stretch. Wouldn't have been so bad if all the paperwork didn't' say 36 month plan. Lol anyway thats another issue.
    Chapter 13 filed 3/19/2008 Suppose to be 3 year plan
    Plan modified 1/18/2010

    #2
    From what I have read around here you can only get out early if you pay all unsecured debt in full, making 100 percent.
    Chapter 13 Filed November 10, 2010 Indiana - Southern District - United States Seventh Circuit
    Attended 341 hearing 12/15/2010

    Comment


      #3
      I have not read ONE case where a post-BAPCPA case (confirmed after October 15, 2005) was allowed to do any sort of payoff, short of a 100% payoff of the allowed general unsecured claims. That's the law.

      I HAVE READ a couple of post-BAPCPA cases where the attorney thought that they could do this... paid the Trustee, then motioned the court for entry of an order discharging the case. Not only did the Trustee object in both cases, the poor debtor had to continue in their current case AND continue paying their DMI to the Trustee for the length of the plan.

      Don't do what those attorneys did.
      Chapter 7 (No Asset/Non-Consumer) Filed (Pro Se) 7/08 (converted from Chapter 13 - 2/10)
      Status: (Auto) Discharged and Closed! 5/10
      Visit My BKForum Blog: justbroke's Blog

      Any advice provided is not legal advice, but simply the musings of a fellow bankrupt.

      Comment

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