Click Here To Receive FREE Email Updates!

Current ArticleMain Content RSS FeedSubscribe

How Do I Know When My Chapter 13 Case Is Over?

Most Chapter 13 debtors do not complete their plan payments. This does not mean the case failed, but it may have been withdrawn or converted to Chapter 7 after the debtor accomplished her goals.  For those nearing the end of a plan in which they have made the payments, how soon can I stop? is a common question.  Not to be too lawyerly, but, the answer is, it depends.
In Detroit, most plans are worded to require payment of state, local and federal tax refunds received during the case to the Chapter 13 Trustee.  The only way the Trustee can verify whether those payments were made is by having copies of all the tax returns. Even if no refund was paid, the Trustee needs copies of all returns for verification.
Usually, the Trustees do not push for the returns until the case nears completion. Then, you may receive a motion to dismiss for faiure to pay tax refunds, even though you did not receive any refunds during the Chapter 13, simply because you did not send copies of all returns to the Trustee, and even though you made all the required monthly payments.
Of course, the best way to do this is to send the returns to your attorney, who will forward them to the Trustee. This avoids the possibility of a dispute with the Trustee, saying the returns were not received, but you saying you sent them.

Another big issue is, how long is the plan, and what is the starting point.  The “model plan” in Detroit states that the first plan payment is the first payment made after the plan is confirmed. So, the payments you are required to make upon filing the case, but before confirmaiton, do not count against the payments due under the plan. Your 36 month plan requires 36 monthly payments, after confirmation.  Before you call your attorney, you should have the date the plan was confirmed, and how long your plan is. You should also know whether you provided copies of all tax returns.  In Detroit, you cannot finish a plan before 36 months unless you have paid 100% to all the creditors who filed claims.
That is the next issue, filed claims. The Trustee does not pay according to the creditors and amounts listed on the schedules you filed, but on proofs of claim that have to be filed by each creditor. Copies are supposed to be served by the creditor on your attorney as well, according to the local rule in Detroit.  However, the deadline to file claims usually is after a case is confirmed, so the numbers frequently change.

If an unsecured creditor fails to timely file a claim, they get nothing from the Trustee.
If you listed a mortgage arrearage of $5,000, but the creditor claim lists arrearage of $10,000, the Trustee uses the $10,000. Your attorney would have to object to the claim, and prevail, for the Trustee to use a different amount.  The “model plan” used in Detroit also allows the Trustee to extend the Plan up to six months “to accomplish the purposes of the plan.”  So, if you filed a 10% plan that was confirmed, listing $100,000 of unsecured claims, but the actual claims filed total $150,000, you need $15,000 instead of $10,000 to hit the 10% mark. The Trustee can extend the plan up to six months to make up the shortfall.

So it may sound simple, your 36 month plan should end after you make 36 total monthly payments, but it seldom works out that way.  You should be able to get payment information from the Trustee’s web site direclly.  Your attorney can access the claim information to see how that effects the length of your plan.  DO NOT STOP MAKING PAYMENTS UNTIL YOU ARE TOLD.

Trackback URL

RSS Feed for This PostPost a Comment

You must be logged in to post a comment.