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Am I stuck in Chapter 13 forever, or can I pay extra and get out of it early?

Posted in Utah Bankruptcy by Administrator on the December 16th, 2013

You can definitely get out early, but it’s more complicated than you think.

If your income is below median, then your plan was a base plan for 36 months. If you have friends or family who can help, you can pay this plan off early, but you need to file a motion for early payoff with the court. The court almost always grants this motion, but you cannot be borrowing the money; it needs to be a gift. Otherwise, you have to file a separate motion to approve loan before you can file the motion for early payoff.
If you were above median, then your plan is a 60 month plan. You can still pay it off early, but you need to jump through the same hoops.

In either situation, the trustee usually allots, and the court usually allows, your attorney to file a motion to get an extra $500 in fees from the court for filing the early payoff motion, but it’s well worth it. You get your discharge early, which means that your credit starts to rebound more quickly.

Note: this is not legal advice. If you need help, call 801-980-1313, or email help@robertspaynelaw.com.

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