Can you file a modification for payment if the last secured creditor is satisfied and get a discharge? 8 Answers as of May 02, 2014

My lawyer made a mistake in calculating my payments in a modification, and the total included quite a bit that was not even originally expected to be paid and had a payment above my calculated available income. I pointed it out repeatedly but was told I'm wrong. Now I am almost paid out and low and behold the math shows I have 3 payments left after the secured creditors are satisfied. Is it possible to file a modification now that the last secured creditor is satisfied and get a discharge?

Ask a Local Attorney. 100% Anonymous. Free Answers.

Free Case Evaluation by a Local Lawyer: Click here
Baner & Associates | Sandra M Baner
More information is needed to properly respond to your question. It is not unusual for plan payments to continue after all secured and priority creditors have been paid.
Answer Applies to: Wisconsin
Replied: 5/2/2014
Ronald K. Nims LLC | Ronald K. Nims
As long as the unsecured creditors get the percentage that was promised to them.
Answer Applies to: Ohio
Replied: 5/2/2014
Law Offices of David H. Relkin
Law Offices of David H. Relkin | David H. Relkin
Yes. You can make a motion for relief from the Judgment which was called the Confirmation of the Plan. In that application, explain the reason.
Answer Applies to: New York
Replied: 5/2/2014
Janet A. Lawson Bankruptcy Attorney
Janet A. Lawson Bankruptcy Attorney | Janet Lawson
Have a second lawyer review the modifications. It is entirely possible however that you will have to pay something to the unsecureds. Without seeing the math I can't determine that.
Answer Applies to: California
Replied: 5/2/2014
In order to modify the plan there must be some reason why you cannot continue to pay the plan amount such as a diminution of income or increase in expenses. It would not be enough that you don't want the unsecured creditors to get as much as they appear to be getting.
Answer Applies to: Minnesota
Replied: 5/2/2014
    Idaho Bankruptcy Law | Paul Ross
    Once the plan is paid in full, the Trustee is not going to just keep accruing your money. The Trustee will indicate the plan is paid in full, file the related documents, and move the case to discharge and closure.
    Answer Applies to: Idaho
    Replied: 5/2/2014
    Deborah F Bowinski, Attorney & Counselor at Law | Debby Bowinski
    It is unlikely. A chapter 13 case required you to pay what you are able to pay for the "commitment" period. Unless you were an under-the median debtor whose plan lasted longer than 36 months I imagine it will be difficult to request such a modification and have it approved. If you have a lawyer you must address your questions to him or her. You are always free to seek a second opinion, but an online forum such as this one is not the place to look for specific, personalized legal advice.
    Answer Applies to: Colorado
    Replied: 5/2/2014
    Law Office of Andrellos Mitchell
    Law Office of Andrellos Mitchell | Andrellos Mitchell
    Sounds like a Chapter 13 Bankruptcy. If you have completed your plan and completed any other requirements you will get your discharge. The Trustee is a mathematical wizard. The trustee can add on or subtract whatever is due the creditors and make adjustments without a big fuss. If you owe money more, the trustee will let you know what you owe and will require payment before a discharge. This sounds minor. A formal modification may not be necessary.
    Answer Applies to: District of Columbia
    Replied: 5/2/2014
Click to View More Answers: