Length of Plan Question

[bling32]

My confirmation was delayed until 06/09/11 b/c I added to creditors to my plan and the Trustee allowed them time to file claims. So, today I call the Paralegal assigned to my case to see if I needed to attend the hearing. I tried to confirm my plan with him of $599.00/month for 36 months. He tells me my plan is for 48 months. I say no .....My papers say 36 months and asked if something changed. He says no it has always been 48 months. So, I look at my papers and they say 36 months and I go to Pacer on the Amended plan on 04/28/11 it states..

2. Plan Payments and Length of Plan. Debtor will pay the sum of $599.00 per month to Trustee by [ X ]
Payroll Deduction(s) or by [ ] Direct Payment(s) for the applicable commitment period of 36 months, unless
all allowed claims in every class, other than long-term claims, are paid in full in a shorter period of time. The
term of this Plan shall not exceed sixty (60) months. See 11 U.S.C. § 1325(b)(1)(B) and 1325(b)(4). Each
pre-confirmation plan payment shall be reduced by any pre-confirmation adequate protection payment(s) made
pursuant to Plan paragraph 6(A)(i) and § 1326(a)(1)(C).


I am confused. Should I make I try to reach the attorney before the confirmation and/or plan on attending the confirmation for clarification?

[lrprn]

Unless your lawyer tells you he/she wants you to attend the confirmation hearing, there's really no need for you as the filer to attend.

Instead *BEFORE* your confirmation hearing this Thursday (June 9), get in touch directly with your lawyer, share what his/her office paralegal told you, and get the number of months your plan is actually going to last clarified.

[bling32]

Thanks!!!!

[bling32]

I spoke with the Paralegal again today. He states all my documents say 36 months because of I am below the means test. He says it will take 48 months to pay off the secured creditors so plan is 48 months. He says plan will be confirmed on Thursday and I do not have to attend. He states it will say 36 months but it is actually 48 months.

I called the Trustee's office and was I was on a 36 month plan.

I called the office back and asked to have the attorney call me back. I don't think he is going to call me back anytime soon. I am just confused. I thought that if it was a 36 month plan then anything still owed would be discharged after 36 months.

Please help me understand how this works.

[frogger]

Look at your Chapter 13 Plan and Motion (General Order 2005-3 Approved Form), item #1:

Debtor(s) shall pay to the Trustee the sum of $xxx.xx for the applicable committment period of:

60 months: or
a minimum of 36 months

The official paperwork does not state 36 months.

[bling32]

Is this on Pacer since you said it is not on official paperwork. Where should I look for the Chapter 13 Plan and motion?

[frogger]

Is this on Pacer since you said it is not on official paperwork. Where should I look for the Chapter 13 Plan and motion?

The chapter 13 plan is the official paperwork. What I said was that the official paperwork does not state 36 months.

The paperwork states a minimum of 36 months.

Everything is on PACER.

[bling32]

Okay..... I spoke with attorney and my plan is actually scheduled to pay out in 44 months. This includes secured creditors (and 5% interest for cars), his fees and the trustee (0% plan). I asked about the 36 months and he said that I can pay out in 36 months if I increase my payments by 60.00/month. I told him I want to increase my payment and be done in 36 months. He told me to let the confirmation be completed on Thursday and we will change the payments starting 07/01/11. I am so glad that I caught this b/c I did not want to extend my plan for almost a year b/c of essentially $30.00 a pay period.


Thanks everyone!!