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Although you may be able to negotiate a shorter timespan if you have no disposable income, this isn't always possible. But here's some good news: Chapter 13 plans can't go beyond 60 months by law. It's good to know there's a firm endpoint within sight, even if your plan will be 5 years long.
Don't worry about overpaying. If you overpay the trustee will issue a refund. Just make sure your address is current with your attorney and with the bankruptcy court. The trustee will also mail a Motion of Entry of Discharge to your attorney at this time.
About 45 days after you've received your discharge, you will receive a document called a Final Decree. It's the document that officially closes your case. Once this document is received, you are no longer in bankruptcy.
Chapter 13 allows a debtor to keep property and pay debts over time, usually three to five years.
Final Step: Final Decree (Case Closed) and Freedom! About 45 days after you've received your discharge, you will receive a document called a Final Decree. It's the document that officially closes your case. Once this document is received, you are no longer in bankruptcy.
When the plan completes at month 36, any remaining balance due on general unsecured claims is discharged unless a particular debt happens to fit in the nondischargeable category. A plan will continue past 36 months (up to a max of 60 months) until the debtor has paid the ?must pay? debts.
There are instances where a chapter 13 repayment plan can last longer than 5 years. During the COVID pandemic, legislation was passed that allows a debtor to extend the chapter 13 plan period to 84 months for COVID related reasons.
The Chapter 13 Discharge Process The Chapter 13 Trustee will conduct a thorough case completion audit by reviewing the payment history and whether any additional plan terms have been complied with (for example, the payment to the plan of of yearly bonuses or tax refunds).