End of Chapter 13 question

[jjj117]

Well, I checked with my payroll department. The order from the trustee gave a start date for the garnishment and the amount of each payment. But that is it. No end date or total amount to be paid. Guess my attorney needs to get off his ass or I will be paying for much longer than I need to.
Does anyone know what triggers the trustee to start their final review process? Is it when the scheduled amount is paid or when the required number of payments have been met? In my case it seems that those 2 events are going to be a month apart.

[Abbey]

my plan is not %100 the plan was confirmed at 38% after confirmation my lawyer got one of the credit cards dismissed, I assume any funds left over will go to the other unsecured creditors

well i just found out what happens, trustee changed 38% to 47%
so to make sure there is nothing left in the pot at the end of the rainbow

[jjj117]

After 5 months of trying my attorney finally called me back yesterday. He told me that they usually project that the 100% 13 plans will conclude approx 2 months after they are scheduled to, due to how long it usually takes the trustee to get things going. That would mean September for me. But my plan will be paid in full as of the first week of June. He told me that once that first June payment goes out he will sent a motion to the court to stop my pay garnishing. He also is going to go over my plan over the next week with a "fine tooth comb" to see if any creditors did not file claims which would make me get done even earlier. Of course he told me the exact same fine-tooth comb b.s. in October, so we'll see what happens. If I am right and some creditors did not file I could be getting between 6-8,000 back. Is that unusual? My plan called for 84,000 with 100% to everyone.

[justbroke]

Does anyone know what triggers the trustee to start their final review process? Is it when the scheduled amount is paid or when the required number of payments have been met?

First, I've never read a Wage Deduction Order in which an "end" date was on it. This is because a Wage Deduction Order is not (technically) a garnishment, where it has a specific duration. Then only thing that can stop a Wage Deduction Order, is a letter from the Trustee asking for it to stop.

It is based on your Plan duration and when that duration has ended. This is known as the applicable commitment period. Has nothing to do with an amount (technically), but there could be a certain amount necessary to pay the secured creditors and arrearages, which is a different but related topic.

[deerme]

I am in a 28% payback to unsecured plan for 36 months and my 36th month was in Dec 08. As of today I am still paying!

I called the Trustee's office in Feb 2009 and asked for a review; they said they would reply via email.

Then I watched on 13datacenter and saw my case change from 'about to close' back to 'active'.

I had added taxes owed into my plan after the first year, I was required to submit tax returns and pay half of my 'net' refunds and these were not updated on 13datacenter until I asked for the review.

I had not sent in 2007 tax refund because I needed a different car and asked to pay that in with continued payments.

The added taxes were paid @ 100% causing less to be available for the unsecured.

I had a $2000 balance with $0 owed when I asked for the review. Then it was refigured so unsecured still got 28%, then tax refund amounts were added in which brought it up to 35% to unsecured.

Needless to say, I am still paying, the $2000 balance has been split up amongst my unsecured and I still owe about $1500. Expected completion date is June 2009!

I plan to request a review as soon as my last payment hits 13datacenter.

And forget calling your lawyer!

Good luck!