The case that will never close.

[Leemo1980]

I wanted 2020 to start on the right foot yet I am still awaiting my case to close which is driving me insane. If this thing goes to February it will mark one full year since I took over paying my mortgage. I got my discharge papers in July and my case is still not closed a full five months from today! I took the advice of this forum and called my attorney but he refuses to respond. I called the trustee they say to call my attorney. I have fullfilled my obligation yet I am still bound by the court order so my life remains on hold. 5 year agreement, 6 years and counting and it appears I have zero options to resolve it.

Here I wait stuck in Chapter 13 purgatory...

[PatG]

Wow, that seems like a long time. I have been fortunate with my attorney, I mostly spoke to his paralegal throughout our CH13, but anytime I asked to speak to him he always took my call. If I was in your situation I would show up at their office and demand to speak to them.

[Barbisi]

Something must be wrong - that is not normal or legal! The case has to close if you did everything you were required to do!
I hope you get answers ASAP!

[Leemo1980]

As I understand they have no required timeline to close. Last time I did speak to my attorney he mentioned they are very busy so it could take awhile. I imagine this is why he doesn't return my calls now as nothing has changed. I would go into their office but under his advisement I moved upon my last payment to take a better job so I'm nearly 7 hours away. I completed the plan and the trustee even sent me a $300 refund for over payment.

So now I have a house that I don't want to sell until the case is officially closed and a car that is hanging on by a thread (12 years old). Both items I was told I still need permission from the court to sell/buy so long as the case is open. Odd but I was told by my attorney that I didn't need to do anything when I applied for the lease where I am currently living?

I just don't want to "poke the bear" so to speak and file the motions required to do both at this stage.

[justbroke]

I suggest to go back to the Trustee but be firm and polite that your attorney is gone/missing and no where to be found. I think that North Carolina is one of the odd States as far as how the Trustee program works. Your recourse is the Trustee's office but make sure they understand that you have no representation as your attorney is gone.

[Leemo1980]

Update: I called the trustee's office and here's what I was told. There are outstanding checks from January 2019 that creditors have not cashed. I can't understand how a check could be valid a year later. Better still is why no one was looking into it? She had no answer for me. She said she would talk to her office manager and to call back in 2-3 weeks! So it appears I was in limbo with no one even keeping up with it. I'm calling back next week no reason for it to take 3 weeks for a simple resolution for something that has nothing to do with me. Thank justbroke for the suggestion maybe it has at least spurred someone to see what is going on.

[justbroke]

Most Trustees only wait 30 days for checks to be cashed and then close the books. That is very strange, indeed. I guess it slipped through the cracks!

[Leemo1980]

2nd call to the trustee's office has produced this answer. They must file a motion with court to have the checks canceled. They had no excuse why that wasn't done months ago and couldn't tell me when they would file the order with the court. The frustration continues to mount as I am coming to realize they dropped the ball and have no sense of urgency to correct it. Do I risk any repercussions if I continue to call every few days to get an update? Is there anything else I can do legally to push this along?

[justbroke]

I would call one week from today, and if they still haven't filed the motion, then you can go to every few days. There is nothing you can do to push this along as it seems to require a Motion. Hopefully they file it as an Emergency Ex Parte motion and not one that takes 30 days for a hearing.

[Leemo1980]

Called again, its literally like ground hog day every time. " You need to talk to your attorney, I don't have one, oh call back in a few days". If it was any other paid service in the world I would have lost my mind on them already. February will mark the one year anniversary since I stopped paying the trustee. I'm calling Monday then every 2-3 days until someone actually tells me why I am still stuck. If I went out and got a car could it really blow back on me this long after discharge?

[Barbisi]

leemo 1980 I hope you get out from under this soon!
Good luck selling your home and getting the "new" car you need -we will be in the same boat in two more years. I hope trustees aren't allowed to hold up closings this long in Colorado!

[Leemo1980]

Thank you Barbisi for the encouragement. The support and information provided here has been so helpful. I'm sure your case closing will be smooth sailing in a few years. I just hope you don't beat me to it 🤣

[Finallyover]

Leemo1980, when my case discharged in august 2019, it remained open as well, however nothing like your situation. In our district, we are actually able to go online to the courts website, and access their live chat to ask questions, I told them when our case discharged and if they could give me any info on when the case might close. They said they would look into it and the next day the case closed. Maybe if the court in your district has that same type of option, you can ask them directly about your case closing.
Also, before our discharge, when we asked our attorney when the trustee would refund us our balance on hand, the attorney said they would once all checks have cleared. You mentioned the trustee refunded you, maybe all the checks did clear? I know every trustee/district is different, just thought I would mention my case, hopefully it may help you get quicker answers. Wishing you luck and a quick closing!

[Leemo1980]

Monday update: Called again same song and dance except now they have given me a date of March 1st for the case to be closed. That is 13 months from when I stopped paying the trustee (ironic isn't it). This is great on the outside but how can I just believe it will be handled? I feel like next week I should call just to make sure the paperwork has been filed. If its a 30 day process then every week they don't file is a week added to it. I'm sure giving me a verbal date means nothing. I certainly can't assume it will be handled.

[justbroke]

Yes, call again next week to make sure the paperwork was filed! It is likely that the Trustee has to send out final payments and/or serve a notice to the creditors that the case has concluded. That usually takes 30 days.