NDC Case Status updated to About to Complete!

[smr46977]

Logged in to NDC this morning, and my case status has updated from Active to About to Complete! I'm SO excited - it's been a longggg 5 years! Anyone know how soon I can expect to see the trustee file to cease the payroll deduction order?

[justbroke]

Congratulations!

There's no way to tell when it will be done. In some Districts, the attorney for the debtor files the motion to vacate the wage deduction order (WDO). In others, the Trustee does this. I don't know how it works in your District, but mine requires the attorney to file the original WDO and file the motion to vacate the WDO.

I will tell you this; keep on top of this! I had more than $17,000 held by the Trustee because my WDO was never submitted by my stupid attorney (I filed Pro Se... I was the attorney of record).

[smr46977]

Ohhhh, good to know! I've been emailing my attorney every week - I will most definitely stay on top of it!

[shipo]

My NDC reported my case was closed literally four months before it was actually closed, so I would take their status with a huge grain of salt.

[Carmella]

Congrats!

The waiting is the hardest part and the payroll deduction takes longer than most people like.

I think I am the only one who has at least posted that the attorney emailed me a congratulations letter for completing BK 13 and attached the copy of the order to cease the payroll deduction. She told me to send to my HR so the deduction would stop ASAP vs waiting on trustee to notify them.

I still had "overpaid" by the time it happened, got a refund, but I was happy because, by pure chance, hit the right time in the pay period to avoid another payment coming out!

I didn't know all the in's and out's and wasn't even realizing my case was ending earlier than 5 yrs so I didn't feel the wait as if I would have if we ended "on time."

[smr46977]

Today in Pacer a Motion to terminate wage order was filed by the trustee & an order terminating wage order, except it’s not signed or dated by the judge. Does the trustee send both of those in? I’m assuming I have to wait for the judge to sign off & it’ll be posted in pacer again with the signature, correct?

[justbroke]

It's just a motion. The Trustee probably also sent a proposed order, which is sent separately and directly to "chambers" (a/k/a the judge's law clerk or courtroom deputy). The judge will then sign and it will be posted.

[justbroke]

Oh, there IS a wage order terminating. Those are electronically signed... usually at the TOP of the order these days.

[smr46977]

Okay, so the order to terminate the wage order was filed, and the notice of final cure for the mortgage was filed, what’s next? I have a balance on hand of approx $2900, and mortgage pmt due 12/1 - will I be notified when I need to start paying my mortgage directly? Will the trustee make the 12/1 payment out of the balance I have on hand & then send me a refund?

[justbroke]

I don't think the Trustee will make the 12/1 payment since you are discharged. The Trustee has cash-on-hand and needs to refund you. You will need to make that 12/1 payment. I had the same issue where my trustee, at the time, had over $13K in overpaid funds and I had to make my mortgage payment. They expedited a cashier's check to me and I made my payment.

You can always call the Trustee's office and ask. You may have to explain to them why your calling before they attempt to refer you back to your attorney.

[smr46977]

NDC updated status from open- active to COMPLETED! And, logged into Pacer & snagged the order for terminating wage order, hand delivered to my boss - I'M GETTING MY FIRST FULL PAYCHECK THIS WEEK AFTER 5 LONG YEARS!

[justbroke]

Congratulations on taking the initiative to retrieve the Order Vacating Wage Deduction Order and getting it to your employer!