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    Base Plan

    So if someone has to be in ch 13 for 5 years and cannot end early unless they are 100% payoff then why is there a base? My plan is a 5 year plan (Actually 62 month plan because I am in MI and so the 60 month mark starts at confirmation). When I check 13network it says Plan Base with the amount total to be paid into the bk and theh Base Balance which has the amount left to pay. I will have the plan base paid off a few months before my bk ends but I know I can't be done early so back to my original question why would the base amount even matter?

    Thanks for any insights!

    #2
    This was one of those things that make you go hmmm moments for me today!

    Comment


      #3
      There is a base because there are more things that go on in a Chapter 13 than most people realize. Not only do you need to pay your projected DMI x 60, which becomes the base "base", you may also have some liquidation test minimums. The liquidation test, you ask, is the amount that you would have had liquidated if you filed a Chapter 7. You see, in a Chapter 13, you can keep property so long as you pay "at least" the value of the non-exempt property throughout the life of the Chapter 13.

      Additionally, the base may change if you are required to surrender tax refunds. The base is just the initial cursory DMI x 60 in most cases. There are debtors who have step-up plans. There are sometimes small calculation errors as well. The plan base is a way to measure that.

      Think of the plan base as the "minimum" amount you must pay over the life of the plan.
      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


        #4
        Thank you! That makes sense! Bummer the plan didn't end once the base was met!

        Comment


          #5
          Originally posted by ccgirl View Post
          Thank you! That makes sense! Bummer the plan didn't end once the base was met!
          Back in the good old days, back before October 2005, a plan could end once the base was met! It could even be prepaid!
          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


            #6
            Gah! Story of my life! Sorry to hyjack thread!!
            Discharge date: October 2017 (will it ever get here?)

            Comment

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