Q: When does the 60 months start in chapter 13 bk? Is it from petition filing, plan filing or first payment. In WA
I've tried getting a hold of my lawyer and he doesn't e-mail or return calls. My petition file date is 10/26/2010. My first payment was made two weeks later. Nov, 2010. The plan was filed on 2/2011. When does the 60 month countdown begin? Petition filing, first payment or plan filing date? I'm trying to find out when this might be done. I've tried contacting other lawyers and they all seem to give me the same answer....."it starts when you filed." Hmmm, this just leaves me feeling like I've either got no right to know or they don't know.
A:
You might want to look it up in Chapter 13 of the Bankruptcy Code (available online). It should also say in the plan.
But in any rate, the answer is that the 60 months (or it can be a shorter period) is from the date of the filing of the plan plus no more than 30 days. See https://www.law.cornell.edu/uscode/text/11/1322, https://www.law.cornell.edu/uscode/text/11/1326.
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