Payment plans must be between 36 -60 months. The number of months starts to run the day your case is confirmed, not the day your case is filed. The length of your plan can depend on many factors. Your level of income may dictate whether you are required to be in the longer 60 month plan. However, even if you qualify for a 36 month plan you may wish to extend it out longer in order to help keep your plan payments down.
In most cases the Trustee can extend your plan 6 months beyond its expiration date in order to make sure you have a fulfilled all the requirements of the plan. However, be aware that in the Eastern District of Michigan, Judge Tucker has ruled that 60 months is the absolute maximum number of months and that plans cannot be extended beyond 60 months for any reason. If you have a case before Judge Tucker it is important to make sure you have all requirements of the plan completed in the 60 months as your case can be dismissed at the end of the 60 months if not all the requirements of the case have been met. Make sure you meet with your bankruptcy attorney well in advance of your case closing for a full review to make sure you case is set to complete on time. This is a good idea no matter which Judge is handling your case. You do not want to get to the end of your case and be surprised by a requirement you have failed to fulfill.
If you have questions about filing for bankruptcy in Michigan, contact Firebaugh & Andrews. Call for your free consultation 734-722-2999