Plan Length

Chapter 13 plans are generally between 36 and 60 months.  A plan cannot run less than 36 months from the first payment unless 100% of all allowed claims are paid in full.  A plan may be required to be 60 months long depending on the facts of the case. The law requires that a plan not exceed 60 months.  There are many things that may occur during a Chapter 13 plan that can cause a plan to run longer than originally planned. 

One of the most common reasons that a plan will run longer than originally estimated is that claims filed by creditors and allowed are different than originally scheduled.  It is important, therefore, that the debtor review all claims filed in their case and pay particular attention to the periodic reports that the Trustee sends you.  A debtor must file a formal objection to claims with the Bankruptcy Court (and serve or mail copies to the Trustee and to the Creditor or the Creditor’s Attorney) if they have any disagreement about a claim.  A debtor should contact their attorney if they believe an Objection to Claim should be filed.

There may be other reasons that a plan will run longer than originally scheduled.  The debtor should contact their attorney for their options if their plan is running longer than scheduled.

 

This website is for informational purposes only.  The Office of the Chapter Trustee does not render legal advice.  If you have a legal question concerning a Chapter 13 bankruptcy, please contact your attorney.