NDC website says I'm in a 100% plan, but I'm not

[Beautifulday]

The NDC says I'm in a 100% plan, however, I'm only paying back 49%. I'm in a 5 yr plan and paying tax debt, car loan, and unsecured credit card debt. The unsecured credit card debt is over $150k. The taxes are $22k and the car loan is $10k. Over the 60 months I will only be paying about $90k.

I've search all over the internet to find anything that would explain why the NDC website says 100% when I'm not paying back 100%, but I can't find anything. My attorney also doesn't know why my case is listed as a 100% case.

I'm wondering if the following could be the reason. The Chapter 13 Plan states the following.

Part 2: Plan Payments and Length of Plan; Disbursement of Funds by Trustee to Holders of Allowed Claims

2.1 Regular Payments to the trustee; applicable commitment period.

The applicable commitment period for the debtor(s) as set forth in 11 U.S.C. 1325(b)(4) is:
Check one: __ 36 months _x_ 60 months

Debtor(s) will make regular payments ("Regular Payments") to the trustee as follows:

The debtor(s) will pay $1,500 per Monthly for the applicable commitment period. If the applicable commitment period is 36 months, additional Regular Payments will be made to the extent necessary to make the payments to creditors specified in this plan, not to exceed 60 months unless the Bankruptcy Court orders otherwise. If all Allowed claims treated in 5.1 of this plan are paid in full prior to the expiration of the applicable commitment period, no further Regular Payments will be made.

Part 5: Treatment of Nonpriority Unsecured Claims

5.1 Nonpriority unsecured claims not separately classified.

Check one.

_ A pro rata portion of the funds remaining after disbursements have been made to all other creditors provided for in this plan.

x A pro rata portion of the larger of (1) the sum of $42,300.52 and (2) the funds remaining after disbursements have been made to all
other creditors provided for in this plan.

_ The larger of (1) __% of the allowed amount of the claim and (2) a pro rata portion of the funds remaining after disbursements have been
made to all other creditors provided for in this plan.

_ 100% of the total amount of these claims.

Unless the plan provides to pay 100% of these claims, the actual amount that a holder receives will depend on (1) the amount of claims filed
and allowed and (2) the amounts necessary to pay secured claims under Part 3 and trustee's fees, costs, and expenses of the attorney for the
debtor(s), and other priority claim under Part 4.

COULD it be that because the 60 months of payments ($90,000) will exceed the total of the $22k tax + $10k car + $42,300 pro rata = $74,300, that the case is listed as a 100% case?

If so,

COULD this part [If all Allowed claims treated in 5.1 of this plan are paid in full prior to the expiration of the applicable commitment period, no further Regular Payments will be made] mean that my payments can end prior to the 60 payments?

Does anyone have any knowledge on this type situation? I'm curious because I'm expecting an inheritance of approximately $10k from the death of a family member and if my plan is considered a 100% plan, I'm thinking the trustee would allow me to keep the inheritance.

I'm in Georgia.

[justbroke]

Do not take anything that you read at the National Data Center (NDC), 13 Network, or any other Trustee website as the state of the case. Those numbers can change and are usually not 100% accurate. Those sites, like the NDC, are used by the Trustee to manage the case. The Trustee may or may not update percentages and it is really for the creditors (and the Trustee) to track payments and creditors.

So even if you're in an actual 100% plan, don't use the NDC as any guide except to see if and when the Trustee made payments. Additionally, don't worry about when and if the Trustee made a payment. Any payment that you make to the Trustee is considered an on-time payment to every creditor.

[Beautifulday]

But do you think what is stated in the Plan means it IS actually some "type" 100% plan?

[justbroke]

I can't tell. The only way to tell if you're in a 100% plan is if your payment multiplied by your commitment period exceeds not only your total unsecured claims, but also the Trustee fee, attorney fees, and payments to secured creditors. A debtor should simply "know" whether or not they are in a plan requiring 100% payback to the unsecured creditors. I would not go by what is in the NDC or the other Trustee sites. I would only reference your payment.

Since what you posted shows a "pro-rata" share that typically means that it is not 100% since it's a "share" of the pool. Otherwise I would assume that the "100% of the total amount of these claims" would have been checked.

[flashoflight]

I agree with JB.

Let me give you another reason to ignore that number on NDC.

The trustee websites and NDC shows the percentage as a whole number. The actual percentage is very, very likely to be a decimal number with many places to the right such as 42.38343283%. So you know it's wrong by 0.38343283% already right out of the gate and would result in shorting or overpaying the unsecureds by hundreds or even thousands of dollars. Literally nobody uses the website estimate because it is wrong. It doesn't matter.