Can I pay Chapter 13 payments ahead or even pay all of them at once? - Bankruptcy Law Questions and Answers- LawQA.com

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Can I pay Chapter 13 payments ahead or even pay all of them at once?

We recently filed and had our hearing for our Chapter 13 bankruptcy. My in laws want to pay our payments up at once for us to help us out, but I don't know if we can do that or not. We have 3 years of 124 months. We have made two payments already, so they want to pay the remaining $4216 at once. Can we do this or do we need to pay the payments all the way out over the 3 years? Thanks.


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The bankruptcy code says that a Ch 13 Plan must be no shorter than 36 months nor longer than 60 months. The Plan has been confirmed by the court at 36 months at a certain monthly payment amount. You must adhere to the plan if you are going to get a discharge.

Answer Applies to: Minnesota
Replied: 10/15/2014


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Unless your plan is a 100% plan, you cannot pay it off before 36 months.

Answer Applies to: Nevada
Replied: 10/15/2014

Answer By Darren Aronow
The Law Office of Darren Aronow, PC
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You generally have to file a motion for them to accept full payment and to close your case early.

Answer Applies to: New York
Replied: 10/15/2014

Answer By Paul Ross

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It depends on whether you have a 100% plan or not. If it is not, I would not advise it. The Trustee will review where the money came from and will feel you likely still have to ability to pay more if it is not a 100% plan. Visit with your attorney.

Answer Applies to: Idaho
Replied: 10/14/2014

Answer By Robert S. Cohen
Cohen & Kendziorra, P.A.
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You can pay it off at any time.

Answer Applies to: Florida
Replied: 10/14/2014

Answer By Daniel J Winter
Law Offices of Daniel J Winter
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Most of the time, you cannot pay off your Chapter 13 early. Call your attorney before doing anything. And, if you don't have an experienced attorney, get one.

Answer Applies to: Illinois
Replied: 10/14/2014

Answer By Dorothy G Bunce
A Fresh Start
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The trustees in every district have different requirements but most say that if you pay the full amount in advance, you must also continue to make monthly payments for the term of your plan unless the lump sum pays off all of the claims filed.

Answer Applies to: Nevada
Replied: 10/14/2014

Answer By Ronald K. Nims

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Having a relative make payments on the plan can be considered additional property subject to the plan. The court could take the lump sum gift of your inlaws and distribute it to your creditors and still require that you make the 36 months of payments. Of course, the court can only take funds (both your inlaws and yours) until your creditors (and the various costs of the plan) are paid 100%. So if your plan provides for 100% payment of creditors (or close to it) - then it would make sense to accept the gift of a lump sum payment and be done with it. But if your plan pays only a part of the creditors' claims, then it would just be wasting your inlaws money.

Answer Applies to: Ohio
Replied: 10/14/2014

GARCIA & GONZALES, P.C.
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This is a tricky question. It depends on where the money is coming from. For example, if it is because you are earning more money, the Trustee will normally want you to increase your payments for the duration of your Chapter 13 (i.e., your creditors will receive more money). However, if it is a one time source, a gift in this case, some of the Trustees will allow an early pay off. Ask your attorney, or call the Chapter 13 Trustee's office and ask them. Good luck!

Answer Applies to: Colorado
Replied: 10/14/2014

Answer By Janet Lawson
Janet A. Lawson Bankruptcy Attorney
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It has to go the full 36 months. That is what the code requires.

Answer Applies to: California
Replied: 10/14/2014

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