Now this

[mavric]

Back in Aug/2016 we won a lawsuit, Our part was $5000 This suit was from creditors and credit reporting who did bad. Well this $5000 is still not been paid.[to me or anybody] I have paid all 60 payments of my ch13 12/15/2016. Trustee has closed case!!!!, only thing I was waiting on was my
Discharge. Now there is a hearing set for 2/24/2017 and all of the creditors and trustee have been notified.

Anybody have any insight how this [mess] will play out?

The way I see it is the creditors were bad ,had to pay, Now they get there money back. Besides holding up my discharge. Now I am very PO!!!!

[justbroke]

There is a lot of missing information here. First, what do you mean the Trustee closed your case? Did you receive your discharge already? Did the Trustee solely state that the payments have been received and you are now have a motion for entry of a discharge? Exactly what is this hearing... is it just the normal discharge hearing?

If this is the normal discharge hearing and there are no objections to discharge, then this is absolutely normal. Hopefully you've done all the affidavits (or the affidavit) required in your District in order to have your discharge entered. That affidavit usually, minimally, requires that you swear that all of your domestic support obligations (DSOs), if any, are current.

[mavric]

Hi JB........ Yes everything was done . All payments made [all 60 ] Trustee's report ,DOS , motion for discharge by trustee . All entered on PACER.
Now this hearing pops up about the $5000 on PACER.
I have not received my discharge ,
Does this mean that now the creditors and the trustee can have the money ,when it was creditors was the ones who got sued
Do I need to do anything?

[justbroke]

You need to attend the hearing unless you are represented by an attorney. Did someone file a motion for turnover? What is the type of hearing? Without knowing the details of the motion requesting a hearing, there's no way to tell what "someone" is asking.

[despritfreya]

As JB indicates, exactly what is the hearing on? Pull the notice and, leaving out personal identifiable info, post exactly what it says.

Des.

[mavric]

MOTION TO ALLOW COMPROMISE OF CLAIM AND APPLICATION FOR COMPENSATION OF SPECIAL COUNSEL


[moderator removed much of text]

By Order of this Court dated October 4, 2016, (“Special Counsel”) was approved to act as Special Counsel to the Debtor for the purpose of pursuing claims for violation various consumer protection statutes which may include the Fair Debt Collection Practices Act (15 U.S.C. § 1692 et seq.), the Fair Credit Reporting Act (15 U.S.C. § 1681 et seq.) The Telephone Consumer Protection Act (47 U.S.C. § 227 et seq.) and the Georgia Fair Business Practices Act (O.C.G.A. § 10-1-399 et seq).

6. Debtor’s counsel brought an action, for the purpose of pursuing a claim against a Defendant for alleged violations of the aforementioned Act or Acts. The Defendant denies any and all liability as to the Debtor’s claim.

7. Special Counsel has reached a settlement agreement to resolve the Debtor’s claims against the Defendant, in the total amount of $17,000.00 which is comprised of the payments described below.

8. Under 15 U.S.C. § 1681 and 15 U.S.C. § 1692 the maximum statutory damages available to a plaintiff, in the absence of or in lieu of proving actual damages, is $1,000.00. The proposed settlement amount in Paragraph 7 includes payment of $5000.00 to the Debtor, representing statutory damages available under 15 U.S.C. § 1681 and § 1692.

[moderator removed much of text]


Filed 01/18/17 Entered 01/18/17 19:15:00 Desc Main

[mavric]

That is the main part .rest is mailing list .

[despritfreya]

This is a "9019 Compromise Settlement". The bad guys are going to pay the bk estate 17k for a release of all claims. Out of that it looks like you will be getting $5k for the statutory violations/damages and the balance is going to your attny. Sounds/looks good to me.

Edt to add. . . the settlement most likely won't be paid to the attorney's trust account until at least 14 days after the entry of the Order approving the 9019 Compromise Settlement. The 14 days is the appeal time. The Order does not become "final" until the time to appeal expires.

Des.

[justbroke]

Thanks Des. (I cleaned it up a little as it contained a lot of detail and I left just the base part.)

[mavric]

So if I read this wright, I may or may not get to keep the $5000, and have to wait for all this to play out to get my Discharge?

[despritfreya]

So if I read this wright, I may or may not get to keep the $5000, and have to wait for all this to play out to get my Discharge?

You need to ask your attny. My read is that you get $5k. As to your discharge, until your Trustee fully distributes all funds paid into the estate and issues his/her Notice of Completed Plan, your discharge cannot be issued by the Clerk of the Court. I have no idea how long that would take - again, a question for your attny.

Des.