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Filed chapter 13 bk.3 yrs. ago. want to switch to ch. 11 or 7. my bk attorney said i owe approx. 5000 yet. HELP.

Great Bend, KS |

Filed 13 three years ago . Never missed a payment . Things have improved drastically since divorce . I want to buy a house soon . Need bk discharged first . My bk att . said I owe around 5000 to discharge . I put a pencil to it . I've paid over 12 , 000 already . I know friends that have filed 11 and 7 . They are done already . I didn't do my research before filing . Live and learn . How do I get out of this mess ?

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Attorney answers 5


First of all, you CANNOT compare your Ch.13 BK to your friends' bankruptcies. Their circumstances are no doubt different from yours. Ch.13 Plans last between 3 & 5 years. Call your BK attorney and ask him how long yours is. If it is a 5-year Plan, you will not get the discharge until you have made 60 monthly payments.

Be sure to designate "best answer." If you live in Oregon, you may call me for more detailed advice, 503-650-9662. Please be aware that each answer on this website is based upon the facts, or lack thereof, provided in the question. To be sure you get complete and comprehensive answers, based upon the totality of your situation, contact a local attorney who specializes in the area of law that involves your legal problem. Diane L. Gruber has been practicing law in Oregon for 26 years, specializing in family law, bankruptcy, estate planning and probate. Note: Diane L. Gruber does not represent you until a written fee agreement has been signed by you and Diane L. Gruber, and the fee listed in the agreement has been paid.


The whole idea of Chapter 13 is to abide by the plan, as the previous answer noted, so that you will be allowed to discharge a greater amount of debt that would have otherwise put you in a worse position. I also agree with the previous answer that you cannot compare two bankruptcy cases- they are rarely the same.

As far as $5,000 left to discharge, how badly do you want the house? Do you really need it now? These are personal questions you have to ask yourself and possibly discuss with your attorney. It seems that the only way out of the mess is to "bite the bullet" and finish the plan, then get your house; or you can just pay the five grand and do what you can to try to get a house (in which other issues may arise). I think patience is the key here- good luck.

Disclaimer & Helpful Information: This answer is intended to provide legal information- not legal advice. Such materials are for informational purposes only and may not reflect the most current legal developments. Customized legal advice for your particular situation should be provided by a licensed attorney only after full disclosure of all relevant facts and after signing a retainer agreement with an attorney or law firm. SALMU LEGAL SERVICES PLLC: Alex Salmu, Attorney At Law | | | Phone: (248) 877-1016

Diane L Gruber

Diane L Gruber


I have had Ch.13 Plans where debtors are paying over $10,000 per month into the Plan, and I have had Ch.13s where the Plan payments were only $150. Every Ch.13 is different. Some are VERY complex and some are relatively simple, but always more complex than Ch.7. It depends upon what TYPE of debt is involved, any taxes?, any arrears on mortgage or car loans?, so many potential issues.


Based on your numbers, you are in a 60 month plan. You can always dismiss your chapter 13 and make outside arrangements to pay your creditors. The problem is that your total $17,000 plan probably was not enough to pay everyone, and you expect a discharge of any outstanding balances when you reach the end of your plan. Since things have gotten better for you and your plan discharges debts at the end, the trustee does have the option to propose a modification to your plan where your payments actually increase since you have a better ability to pay your debts now. Conversion to a chapter 7 might work if you are otherwise eligible and your income is not so much better that the court would decide you should have stayed in the chapter 13.


You need to sit down with your attorney.

In some districts, a five year plan can be paid off early, as long as you are in for at least three years. You need to take what those of us from other states say with a bit of salt.


As Mr. Hawkins stated, some trustees (at least the ch 13 trustees in my districts) allow an early/accelerated 'payoff' of the ch 13 plan.

Diane L Gruber

Diane L Gruber


Not in the District of Oregon

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