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when does the 5yr clock start for 13?

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    when does the 5yr clock start for 13?

    Does it start when you file, 341, or at confirmation? I would guess it would be when you file. Correct me if I am wrong, don't you first start paying at around the 341 date?

    #2
    It depends on your District (State). In some States, like Florida, the 60 months for a 5-year Chapter 13 starts 30-days after filing. In some other States, it starts at confirmation.

    The first payment is due 30 days after filing. However, some Districts have particular rules. It's quite possible, in Florida, to time your filing so that your first payment is due almost 42 days after filing!
    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.

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      #3
      I know this has come up before, and confused me. At least one of the states starts from confirmation, right?
      So does that mean you could actually wind up paying more- or less- than 60 payments (or 120 if you pay twice a month?)

      Keep On Smilin'

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        #4
        Originally posted by keepsmiling View Post
        I know this has come up before, and confused me. At least one of the states starts from confirmation, right? So does that mean you could actually wind up paying more- or less- than 60 payments (or 120 if you pay twice a month?)
        Yes, there is at least one state that starts the clock at confirmation. However, that same state -- the name escapes me -- also requires payments up to confirmation as well! So, you could be paying for more than 60 months.

        As for the total number of payments, that is based on your Plan. Your payments must be no more than 30 days apart. It is not based on how you are paid. I'm paid twice a month and had a monthly Plan. Some people that are paid weekly, will get a bi-weekly plan. It just depends.
        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.

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          #5
          I think it was one of the "M" states.
          That just doesn't seem right tho.

          Keep On Smilin'

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            #6
            Originally posted by keepsmiling View Post
            I think it was one of the "M" states.
            That just doesn't seem right tho.
            Massachusetts?!?!?

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              #7
              Michigan starts the clock from confirmation.
              As far as I know everyone else counts 60 payments starting with the first payment made after you file.
              Your first payment is due within 30 days of filing, and the second payment is due the 1st of the month after you file.
              So if you file on the last day of the month, you will owe 2 payments right away.
              At least that's the process around here.
              filed chapter 13..confirmed...converted to chapter 7...DISCHARGED!

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                #8
                Glad it wasn't Minnesota!
                Filed 11/17/11 Chapter 13, 341 meeting 12/21/11. Plan confirmed 1/19/12 - DISCHARGED 12/16/15

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