When to request payroll deduction to stop?

[Clay3007]

So right now I owe $270.xx and I have one weekly check that has not been applied to this amount as it was just payroll deducted on Friday 7/12 so that should show by Wednesday 7/17. Then my last weekly check will be on Friday 7/19 and should show up on the trustees website by 7/24. Do I have to wait until the trustee pays all creditors at the end of the month or when the balance reaches $0 even this I will have over paid by about $40.

[justbroke]

Did you file with an attorney? If so then either the attorney or the Trustee will send in an Order to Vacate Wage Deduction Order. It can vary by District. Please realize that even if you paydown your "Base Plan" amount, that doesn't mean that you are done. In some cases, you must remain in plan for the entire duration of your plan's applicable commitment period (ACP). That will be different if you're in a 100% plan. I believe that Ohio may be that one State where the ACP doesn't run from the filing date and runs from confirmation.

The only way to be sure is to check your Confirmation Plan and to check with the Trustee. In some Districts the Trustee automatically sends in that motion to vacate, and in others the attorney must initiate the process. I can't help you with Ohio because I'm unfamiliar with their processes.

[Clay3007]

Yes we filed with an attorney. I’m not going off the base plan on the bankruptcylink.com page where our case is updated by the trustee right now it says we owe $270. I have never been able to get a confirmed answer on the acp. But we filed in may of 19 and was confirmed In sept of 19.

[justbroke]

If you filed in May of 2019 then your applicable commitment period (ACP) is five years. (Or, your attorney filed a five year plan even though you were under-the-median and could have done it in three years.)

To me, that means that you should have been done in May of 2024, which has already passed. Either Ohio counts the ACP from confirmation or there is something really wrong with your plan. I would reach out to my attorney immediately and get a definitive answer. Something doesn't pass the smell test.

[Clay3007]

Every time I have called they said I’m right on track. Last time I called in may they said we just can’t let it go longer then 64 months. I’m like wth I wanna be done.

[justbroke]

It sounds like Ohio tracks it from confirmation and that is why it is 64 months. (You were confirmed four months after filing, so that's 4 + 60 = 64 months.) If that is the case, then you would be done in late August or early September (2024). You are not done until your applicable commitment period (ACP) has ended unless you are in a 100% plan or have paid back 100% of the unsecured claims.

Maybe rephrase the question that you are asking your attorney. Ask them when will the Wage Deduction Order be vacated so that you can make plans. Other than that, I have no other ideas.

[Carmella]

I am in Ohio.

When our last payment went through the Wage Deduction Order was written and the attorney sent a copy directly to me and told me to send to payroll. She said one would be sent out to my company/payroll, but it would be faster if I emailed them the copy ASAP. I got lucky and it hit the right time in the pay period so no further money was deducted. I did end up with a small refund from the trustee.

We were in 100% pay back, some creditors did not file so we ended early.

Did you check on PACER? It will show up on PACER when the Wage Deduction Order is written.

[Clay3007]

I am in Ohio.

When our last payment went through the Wage Deduction Order was written and the attorney sent a copy directly to me and told me to send to payroll. She said one would be sent out to my company/payroll, but it would be faster if I emailed them the copy ASAP. I got lucky and it hit the right time in the pay period so no further money was deducted. I did end up with a small refund from the trustee.

We were in 100% pay back, some creditors did not file so we ended early.

Did you check on PACER? It will show up on PACER when the Wage Deduction Order is written.

No because we are not finished paying yet. We owe 1 more weekly payroll deduction that will come out this Friday. But won’t be received by the trustee until prob next Wednesday. Can the payroll deduction be wrote before we are don’t paying and future dated or do we have to wait u til the balance shows $0?

[Clay3007]

Called attorney and they said we have to wait for trustee to stop the payroll deduction. Naturally every week the payroll deduction comes out and 2 weeks have not been posted but the trustees office payed out on all the accounts. Guess what we still have a balance of $120 bucks! So prob have to wait another month to be over with, so frustrating to start a month owing $700 and not be able to finish because either my work don’t send the checks as they are supposed to or the trustee is that back logged to not post them.

[Carmella]

Clay3007 If you over pay you will get the money back. It is a pain, but at least you won't lose the money. After making so many payments I know we are anxious, to say the least, to stop the deduction and get a full paycheck. Just keep your eye on the prize and finishing up the BK13!

Does the trustee actually stop the payroll deduction? I know the trustee does send a copy of the order, but my attorney was able to email me a copy of it so I could notify my HR dept ASAP.

[Clay3007]

Clay3007 If you over pay you will get the money back. It is a pain, but at least you won't lose the money. After making so many payments I know we are anxious, to say the least, to stop the deduction and get a full paycheck. Just keep your eye on the prize and finishing up the BK13!

Does the trustee actually stop the payroll deduction? I know the trustee does send a copy of the order, but my attorney was able to email me a copy of it so I could notify my HR dept ASAP.

I’m not sure I’m going to contact the attorney in the morning and see how to get it stopped or when it can be stopped. So far they only have an extra $175 but another payment will post this week so they will have an overage of $335. If we have to wait until the end of the month they will end up with an extra $800. I know I get it back but I just want life to start moving forward! Like I paid my dues now let me start life again.

[Clay3007]

Also since I’m a weekly payroll deduction rather then a monthly payment, after 260 payments I’m ready to move forward

[Carmella]

I totally get it and it's so exciting to get the first FULL paycheck!