Number of Months/Payments in a Chapter 13

[filingin08]

September 2008 - Filed. Began making monthly payments to trustee.
September 2009 - Confirmed.

Up until today I believed we were over half way through this with the payoff/discharge occurred sometime in September 2013 - 60 months from date of filing.

Today attorney says it's 60 months from confirmation date, so we have an extra year. AN EXTRA YEAR! WTF?!?!

Anyone shed any light??????

[newbie2]

I thought Michigan was the only state that counted the plan payments after confirmation, but from what your attorney stated it sounds like Ohio might be another one. Take a look at your confirmation order (you should have received a copy of it) and see what it states. (Ours clearly stated "60 months starting with the month of confirmation.." so we also paid beyond 60 months total.)

[filingin08]

I'm looking at the Confirmation Order and it does not explicitly state the payments begin after confirmation. Ergh.

[chicagoed195]

Perhaps one of our resident attorneys may wish to chime in , but the bankruptcy code clearly states that payments be made for a period no longer than 5 years, beginning on the date that the first payment is due on the plan. Unless the court orders otherwise, the first payment is due on a plan within 30 days after the filing date or the order for relief, whichever is earlier.

There may be some issue on when the discharge is issued, but I think you still would only be obligated for 60 payments in a plan that is less than 100%. If any additional payments are made because it takes some time to terminate the wage order, the payments above and beyond the plan should be refunded.

[newbie2]

Perhaps one of our resident attorneys may wish to chime in , but the bankruptcy code clearly states that payments be made for a period no longer than 5 years, beginning on the date that the first payment is due on the plan. Unless the court orders otherwise, the first payment is due on a plan within 30 days after the filing date or the order for relief, whichever is earlier.

That may be true (what the code states) but for some reason Michigan trustees deem the length of the plan post confirmation. Even though we pay the first payment within the first 30 days, Chapter 13's here all go longer than 60 months worth of payments. I don't know if it has been challenged yet in the courts, but it is what it is..


There may be some issue on when the discharge is issued, but I think you still would only be obligated for 60 payments in a plan that is less than 100%. If any additional payments are made because it takes some time to terminate the wage order, the payments above and beyond the plan should be refunded.

Once again, not in Michigan, and it sounds like the OP is having the same thing happen in his state (Ohio)>

[kornellred]

Except in Michigan, plan payments begin with the first payment you make, without regard to the plan confirmation date. After confirmation, plan payments are adjusted up or down for the remainder of the plan.