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My Chapter 13 case will be at 30 months on 4/9/2018 by

Customer Question
Hi, My Chapter 13...

Hi, My Chapter 13 case will be at 30 months on 4/9/2018 by lawyers said that I have 10 more months to pay on the plan. How is this possible?

Lawyer's Assistant: What state are you in? And has anything been officially filed?

*60 months Ohio

Lawyer's Assistant: Has anything been filed in civil court? If so, what?

Yes, we filed 3/2013 and made out 1st payment on 4/9/2013 and have never missed a payment.

Lawyer's Assistant: Anything else you want the lawyer to know before I connect you?

I don't recall any civil judgments at all in the 60 months. No notices from the trustee about a overage.

Submitted: 1 month ago.Category: Bankruptcy Law
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Answered in 2 days by:
3/12/2018
Bankruptcy Lawyer: Terry L., Attorney replied 1 month ago
Terry L.
Terry L., Attorney
Category: Bankruptcy Law
Satisfied Customers: 2,938
Experience: Better Business Bureau. 18yrs bankruptcy experience. Chicago Bar Assoc. American Bankruptcy Institute member.
Verified

hi and thanks for your question. This can happen if claims come in higher. If your case is to pay 100% of the unsecured claims, and the claims came in higher, you would have to pay that extra in to satisfy your plan (or object to a claim if it was incorrect). The case cannot be modified to pay longer than 60 months to keep the payment the same, but many judges will let you continue paying if it will end shortly. This often happens if the debtor owed more on his car, or taxes, but it can be for a number of reasons.

Conversely, if the claims came in lower, or not all of your creditors filed claims, your case would be done sooner, once the minimum pot is paid to the creditors.

I've seen both scenarios happen time and time again, much to the surprise of my clients. It will really depend on the claims in the case. review your claims and the plan with your lawyer so they can explain how they determine the remaining months.

Let me know if you have any other questions.

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Bankruptcy Lawyer: Terry L., Attorney replied 1 month ago

good morning. I'm following up with you. If satisfied, please click accept and rate my answer so I may get credit for answering. thanks. If you have any further questions, let me know.

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Bankruptcy Lawyer: Terry L., Attorney replied 1 month ago

following up, do you have any other questions? let me know.

if not, it was a pleasure to assist you. if you could rate my answer, I'll get credit for answering, click accept below and then you can rate me. thanks! Terry

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Bankruptcy Lawyer: Terry L., Attorney replied 1 month ago

HI. Please click accept to close question and rate my answer if satisfied. If you have more questions, please let me know here and I'll be glad to answer. thanks. Terry

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