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57 months into Chapter 13 with 4 payments left.....questions

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tpayne105
Contributor

57 months into Chapter 13 with 4 payments left.....questions

Hey all...Love this place...I truly appreciate all the help I have received.

 

I have 4 payments remaining on my Ch 13.  My base plan has $8307 remaining to be paid.  I am on a 0% unsecured payback.  My payment each month is $2712 (this includes my currently mortgage payment).  With 4 months remaining my questions are:

 

1.  By making those last payments I will overpay my base by $2541.  Would it be possible they won't have me pay that last payment?  Does the base plan include my mortgage payments (I am guessing yes)?  Or will they have me pay it and possibly refund it?

 

2.  I have wondered since my priority claims are now paid in full, how does the trustee decide how much to pay any unsecured creditors and which ones get paid?  My attorneys say this is what usually happens.  

 

3.  For those that have been through the Ch 13 process (I am in Texas), how long after the final payment will this thing finally be over for a discharge?  

 

It has been such a LONG road but I am so close.  I appreciate all of you...

 

Todd

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Lurker22
Established Contributor

Re: 57 months into Chapter 13 with 4 payments left.....questions


@tpayne105 wrote:

Hey all...Love this place...I truly appreciate all the help I have received.

 

I have 4 payments remaining on my Ch 13.  My base plan has $8307 remaining to be paid.  I am on a 0% unsecured payback.  My payment each month is $2712 (this includes my currently mortgage payment).  With 4 months remaining my questions are:

 

1.  By making those last payments I will overpay my base by $2541.  Would it be possible they won't have me pay that last payment?  Does the base plan include my mortgage payments (I am guessing yes)?  Or will they have me pay it and possibly refund it?

 

2.  I have wondered since my priority claims are now paid in full, how does the trustee decide how much to pay any unsecured creditors and which ones get paid?  My attorneys say this is what usually happens.  

 

3.  For those that have been through the Ch 13 process (I am in Texas), how long after the final payment will this thing finally be over for a discharge?  

 

It has been such a LONG road but I am so close.  I appreciate all of you...

 

Todd


1) if you overpay the plan they'll issue a refund - in my case I confirmed with the trustee the amount oustanding according to the plan and paid exactly that to avoid a refund 

 

2) your attorney would know best, what they stated is my understanding but NAL

 

3) for me it took just short of 6 weeks but each district / trustee work at their own pace, your attorney could probably provide you with a better estimate of what to expect 

Message 2 of 2
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