5 years, final payment. Status changed to Close Pending-Paid Out

[chinup]

So I called my trustee today (my attorney is horrible). I was told to not send in any more payments, they are sending out paperwork to myself and creditors and wait for objections. They told me 6 months for discharge from the court. wow. This sound about right?

[sophieanne]

Hi Chinup and Congratulation!!!! The end is in sight. There are a few of us who are completing this month. My case closes today, I'm waiting till 2 am to see the update on 13Network and the National Data Center.
6 months seems long to me but I imagine every district has it's own system and number of cases closing, etc.
I was told my case closes today and would then take approx. 2 weeks to discharge. I'm in WA state.

Good luck and enjoy your weekend!!!! Celebrate!

[Jaded49]

I am also in California. I made my last payment this month. (July 2016) I am in the Central District (Los Angeles). I took the advice of another poster here and pulled up some pacer records to see how long it would take to get a discharge from the time of filing. Unfortunately, it looks like it is six months. I am only seeing discharges for those cases filed in January of 2011. This really disheartens me because it looks as if 7's are discharged in less than six months. The 13 filers have lived through five years of payments, scraped by and sweated it out. (In my case, my plan was just under $3k a month.) We drove cars with over 200k miles and another with over 120k miles. I've got appliances on their last legs, deferred home repairs,etc. These last five years have thoroughly aged and exhausted me. To have to wait another six months for discharge is just too much. It almost seems like those that do a 7 recoup much faster. Those of us that paid back and lived this way are punished all the more. Sorry, to whine, but I've also leaned some other potentially devastating bad news from my suckky attorney's office so I am especially bitter.

[sophieanne]

Jaded49 - I'm sorry to read your frustrations (and actually agree with most of them) and I know it's hard but the good news is you're at the end.
At least the large payment stops!!! Hopefully things go quicker than the 6 months. I hope you get through whatever bad news came your way from your attorney. Hold your head high, it's very hard, but we did it!!!!

[Jaded49]

Thank you Sophieanne! I only wish that I had found this forum much sooner! You are all such a wealth of information. Out of shame and embarrassment we didn't share our struggles with anyone. It's a heavy load to carry alone.

[chinup]

Sorry Jade49, and I agree, and I also am through the Central California court. So 6 months it is. We do not plan on buying anything large just pocket the money. Hopefully nothing happens in those 6 months ,knock on wood. My first call to the trustee appears to have been rushed. While I was told we can stop making payments, the guy told me to sit tight and wait for paperwork. I called again, got a hold of someone else and was then told to contact my attorney for them to file paperwork. I sent the 2nd education course to my trustee. Now I find out it needs to go to the attorney with my declaration. Of course I am sure my attorney is going to want $250 to file which is why I seldom called them, they ALWAYS wanted more money for everything. In fact they petitioned the court for an extra $750 for NOTHING! They claim they hired a new person to review all of cases and the labor involved with mine was $750- 3 years into the case. HUH! There was not even an issue that I know and out of the blue they added $750 to my attorney bill Actually it went from $3000 to over $7000. So much for promises up front. Apparently to file to strip the 2nd is an additional $500-$750.

Anyhow, I suppose now it is just a waiting game? No surprises? Just waiting on the court.

[Jaded49]

So sorry Chinup - Sounds like we're in a similar situation and have been dealing with attorneys cut from the same cloth. (Who knows, maybe even the same one...)

Despite the order to turn over all IRS refunds, I received an email from my attorney right after my case was confirmed advising me to NOT (yes, he capitalized the word) turn over my refunds or to provide them with copies of my Fed returns unless the trustee petitioned me to do so. Well, needless to say the Trustee did petition me via a motion to dismiss. I had to come up with approximately $3,500 in returns (that had been used for car repairs and paying living expenses while my husband was hospitalized from an accident.) The icing on the cake, my attorney's office charged me $900 dollars to "defend" me, from following their specific written advise not to pay. Long story short, I had to pay the funds plus the attorney. I never even knew I was being billed by them until I received official paper work from the courts. The itemized bill said that they called me, etc. I never once spoke to anyone in the attorney's office regarding that incident (they wouldn't return my calls) - only communicated with an assistant in his office via email. They even had the gall to send me an email that they "appeared" on my behalf at the hearing. However,I already had received notification from the courts via mail, that a voluntary dismissal had been issued by the trustee a full 10 days before the hearing date - hence there was no hearing. (The voluntary dismissal was Issued because the assistant told me that I had no choice except to pay or my case would be dismissed - despite the email that I had from the attorney NOT to pay.)

I am so bitter and angry - especially since I recently have leaned that after five long, miserable years, I may not have a light at the end of the tunnel, but owe even more based upon yet again, my attorney's bad and erroneous advice. (Separate post regarding California's Community Discharge).

[chinup]

So sorry Chinup - Sounds like we're in a similar situation and have been dealing with attorneys cut from the same cloth. (Who knows, maybe even the same one...)

Despite the order to turn over all IRS refunds, I received an email from my attorney right after my case was confirmed advising me to NOT (yes, he capitalized the word) turn over my refunds or to provide them with copies of my Fed returns unless the trustee petitioned me to do so. Well, needless to say the Trustee did petition me via a motion to dismiss. I had to come up with approximately $3,500 in returns (that had been used for car repairs and paying living expenses while my husband was hospitalized from an accident.) The icing on the cake, my attorney's office charged me $900 dollars to "defend" me, from following their specific written advise not to pay. Long story short, I had to pay the funds plus the attorney. I never even knew I was being billed by them until I received official paper work from the courts. The itemized bill said that they called me, etc. I never once spoke to anyone in the attorney's office regarding that incident (they wouldn't return my calls) - only communicated with an assistant in his office via email. They even had the gall to send me an email that they "appeared" on my behalf at the hearing. However,I already had received notification from the courts via mail, that a voluntary dismissal had been issued by the trustee a full 10 days before the hearing date - hence there was no hearing. (The voluntary dismissal was Issued because the assistant told me that I had no choice except to pay or my case would be dismissed - despite the email that I had from the attorney NOT to pay.)

I am so bitter and angry - especially since I recently have leaned that after five long, miserable years, I may not have a light at the end of the tunnel, but owe even more based upon yet again, my attorney's bad and erroneous advice. (Separate post regarding California's Community Discharge).

Interesting, I only paid 1 of 5 years tax refunds as the trustee never sent anything prior and my attorney said the same thing. Then I received a generic letter stating to send them the tax return from this year for 2014, nothing prior. My attorney told me the trustee just started to send out letter and every trustee has different requirements with tax refunds. I hope that does not come back to haunt me. When did you receive your order on tax returns? Prior to your last payment or during the audit process?

[Jaded49]

I received my first motion to dismiss for not turning over return copies in April 2015. (For years 2012, 2013 and 2014.) After submitting the copies of my returns, it was radio silent. Then in May of this year (58th month), I received another motion to dismiss for the combined refunds for 2012 and 2013. (I owed for 2014 and 2015.) From the time of demanding the returns to the time of requesting the refunds, it was one year - two months prior to my final payment.

[chinup]

My neighbor filed 13 and was on a 3 year plan. His case was discharged in 3 months after his final payment. In 2016. Hoping for the same.

[dmc-2008]

I am in So Cal and it udually takes up to 3 months! Congrats on making it thru! Sounds like u had a time of it but succeeded anyway! Blessings!!!!!

[bobcat216]

J49, I have never been asked for tax returns. I checked with my attorney and she said that if the trustee is not asking for them then do not send. Verbatim this is statement from my attorney "Checked with the trustee, you are exempt from the requirement to turn over your tax return and refund."

So if this comes back to bite me in the a$$ I can sure for malpractice. But it shouldn't ever come to that. I like my attorney and made sure to interview a few before filling 5 years ago. She is mostly responsive and mentioned that they can send letters to credit card companies and help clean up my credit scores post discharge.

On a positive note I called my Trustee (Ohio Southern District) Friday and they explained the following: "Be advised our office has a 12 day hold time on funds received from your employer so there is still a 9 day hold time on the most recent payment received.

The discharge order is granted by the Court so I can’t give you an exact answer, but typically the Court issues the discharge 45-60 days after we close the case in our office. Your case is still in pending review status and the earliest we could potentially audit and close the case is 9 days."

9 days - then 45 to 60. Where am I going to muster up the patience to wait that long!!!!! I need to summon my inner Jedi.

BTW I hope that helps other people on here in my district.

[chinup]

Well, received a copy of the Notice of Final Cure Mortgage Payment which was filed on the 12th of this month. So a few more weeks it seems. SIGH. They even sent it to my old mortgage company, has since been sold to another. Hope that does not hold things up.