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  1. #1
    Join Date
    Oct 2012
    Posts
    2

    Default Can a Trustee Close a 5 Year Chapter 13 Plan Early

    My question involves bankruptcy in the state of: California

    I'm in month 30 of a 5 year Chapter 13 plan. The plan calls for 100% payment to secured creditors and 24% to unsecured. The trustee website shows the secured debts have been paid their 100% and the unsecured their 24%. The website also shows the status as "about to close-z." Also, the trustee has not disbured payment to creditors in 2 months. So, is it possible the plan is paid and I am done and the trustee may even refund my overpayment? My lawyer says I still have to pay 5 years. How will I really know? When I receive a discharge order from the trustee? I'll keep paying until then but would appreciate any incite anyone can offer. Thanks!

  2. #2
    Join Date
    Sep 2010
    Posts
    478

    Default Re: Can Trustee Close 5 Year Chapter 13 Plan Early -- Only in Month 30

    Listen to your attny. If you were an above median income filer (and, in the 9th Circuit, had excess disposable monthly income as shown on Form 22C), your commitment period is 60 months. You cannot get out of the bk in less than that time unless you pay 100% of all allowed claims. If you were a below median income filer, the commitment period was 36 months. you cannot get out in less than 36 months unless you pay 100% of all allowed claims. As always, there are exceptions to the rule but those exceptions are rare.

    Des.

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