60 mo plan over funded... what happens?

[filingin08]

Got behind on house and did a modification to put arrears in our plan. We got new jobs in different city and moved. Bank moved to foreclose. Bank also agreed to put shortage of house into plan and treat it as unsecured. We are in a 3% payback.

With arrears out at 100% and shortage in at 3% we will fund our plan in about 11 months.

We filed Sept 2008 but trustee starts clock at confirmation, so we have 17 months left to complete 60 months.

My question... what happens to those 6 months of payments that have no claims?
* Does the % payback get increased?
* Could we get out early (we were not under median)?
* Will trustee hold it until discharge/audit?

Alternately, should we request a change in the plan? We're netting a bit more at jobs, but child care costs have gone up significantly, so might have a legitimate shot of reducing payments.

Have not talked to attorney yet.

Trying to figure out the best way to stay under the radar...

Many thanks.

[LadyInTheRed]

Your 3% figure was only an estimate. Whatever is left after paying prioirites (trustee fees and mortgage arrears), will go to unsecured claims even if the total payment to unsecured creditors exceeds 3%. If your income was above median at filing, your plan will only end early if 100% of unsecured claims are paid.

If your DMI has decreased, you may be able to get your plan modified. But, that puts you above the radar. You should talk with your attorney about whether it makes sense to modify.