Awaiting discharge - forever

[payne]

We filed Chapter 13 Bankruptcy in September 2003, confirmed 2004. Payments completed in September 2009. Got completed letter from trustee over a month ago. Still have money on hand with trustee. If that hadn't taken long enough, we are still waiting for discharge. How long should I expect to wait? We have a hearing regarding the mortgage...to confirm that the default has been cured...in mid April 2009. I can't believe how long this takes.

We also desparately need a new car. I have a 1999 that needs coolant replaced every couple days, overheats and smokes regularly. I have been fortunate enough to get a new job during the bankruptcy payment period and can easily afford a car payment. A couple months ago I checked into financing and was told if I could wait for discharge, there would be more banks willing to work with me and better interest rate. I'm not sure we can wait much longer. The trustee seems to move soooo slowly.

Advice?

[payne]

Awaiting discharge

I thought of another question and concern of mine that I should have mentioned. The hearing in mid-April for the mortgage company also involves a negative escrow balance - supposedly for property taxes that the mortgage company paid for us. (They weren't escrowed originally). We're waiting for the specifics, however it appears they were paid sometime in late 2002 or early 2003. Anyway, it's a few thousand dollars, that we don't have. I think the mortgage company should have filed a claim for that amount since it existed during the entire bankruptcy payment period. Thoughts?

[optimistic1]

Call the trustee's office, and your local bankruptcy court, and ask them what is taking so long. The squeaky wheel is the one that gets oiled, so start squeaking.

[lrprn]

We filed Chapter 13 Bankruptcy in September 2003, confirmed 2004. Payments completed in September 2009.

I assume you meant you were discharged in Sept 2008, right?

Contact your lawyer immediately and ask him/her to find out what is delaying your discharge.

And although Optimistic suggested contacting your trustee directly first, most trustees will not speak to you unless you've spoken to your lawyer first. Never forget that your trustee is representing your creditors' interests, not yours.

[payne]

response

Yes, September 2008 not 2009.
I have spoken to my attorney many times and tried the trustees office. Attorney's answer is always "should be soon." It appears that the trustee in my region is regularly rather slow. I never thought it would be over 6 months...probably more like 8 or 9 months after completing the plan before we receive a discharge!!

[optimistic1]

You have met your required obligation for the time period your petition and plan was setup for. They cant milk you for more. Just enjoy life and be glad you are not still making payments anymore.

Every trustee office is different, some will speak to you, some wont. I call both Ch. 13 Trustees all the time with different questions, and depending on the question, they will answer them without resistance, even if I have a lawyer. So while the notion of they wont speak to at all might be true in some cases, here in Arizona, it is not.