NDC - Says Z-About To Complete

[kcsmom76]

Dh and I filed Chapter 13 in June of 2004. We were in for a 48 month plan but somehow it ended up being a 60 month plan.

According to NDC we owe a little less than $300.00. Our regular payment is almost $600.00.

My question is should I keep making regular payments until they tell me to stop or should I make the 60th payment and stop on my own?? I don't want to mess things up, but I don't want to pay more than I have to either.

Then after all is said and done, what is next??

TIA.

[lrprn]

First, a big CONGRATULATIONS!!!! on being so close to successfully discharging your Ch 13! Way to go and a high-five to boot!

My question is should I keep making regular payments until they tell me to stop or should I make the 60th payment and stop on my own?? I don't want to mess things up, but I don't want to pay more than I have to either.

I know you don't want to hear this, but you need to keep making full payments to your trustee until you receive official confirmation from the court or trustee that you can stop. Amounts shown as owed on 13Network or NDC are not always accurate, so you can't use that amount as the gospel truth.

The best way to be proactive about this is to contact your lawyer now and ask him/her to contact your trustee and get a final amount to pay for your last payment. That will clue your trustee to look at your case and hopefully notify the court to send out the stop payment on time so you won't have to make any extra payments.

You will get back any money you may end up paying over in full once your trustee completes his/her audit of your case - usually about 30-60 days after your last payment is due.

Then after all is said and done, what is next??

Once the audit is done and everything you paid in shows as appropriately disbursed, your local court will send you a 'discharged' notice (it will show up on PACER too). And finally at long last, you will be DONE!!

[Flamingo]

lrprn is correct; as soon as you make your last payment, call your attorney and advise him/her that you have done so and specifically ask if you have to make any more and if you have a wage order in place where funds are withdrawn from your paychecks, remind the attorney the trustee is doing that so the wage order cancellation can be sent in, otherwise it could drag on for months.

After your trustee receives your last payment, the trustee will audit your Plan and send out all remaining payments to the creditors. The creditors will have to sign a document and return it to the trustee and all those have to be in before your discharge can be granted. You should receive a letter from your Trustee explaining this process and that he/she received your last payment. Expect a discharge anywhere from two to three months after your last payment. Example - our trustee sent us the above letter in June 2006 and our discharge was dated the end of August 2006.

[kcsmom76]

Thank you both for the heads up.

We are almost done with this nightmare and I can't wait!!!!!!!

[crookedoak]

I wish!! I am 4 months past my last payment. Trustee site shows just over $500 owed with 4000 balance, and still waiting. Attorney says they have until June 4th

[deerme]

Same here...my 36 months was up in November '08 and I am still paying. I asked for a review in February and that is when they added in the amounts from my tax returns. Apparently they did not add those in when I sent them to them.

Now I am approximately 4 payments from completion and believe me, I will ask for a review again!

I called my Trustee's office and asked for a review myself...I was getting no response from my attorney!!

Good luck!

[Jayntee]

Talk to your attorney and trustee's office immediately

My wife and I were in the same situation. We were in a 42 month plan and I stopped after the 42nd payment after talking to my attorney and the trustee's office directly. NDC showed an overage on my account after my 42nd payment. Attorney told me that in her experience (over 15 yrs), the audit comes back correct or any unclaimed or unallocated amounts that are less than a certain amount, will just be written off and returned to you. I was told by both parties I was fine in stopping payments without receiving "stop payment" letter. Oh yeah on NDC, my last payment was received 45 days ago and they still haven't disbursed what amounts to 2.5 payments. So I'm not expecting my discharge for at least a couple of months.

On a different rant, it cracks me up that the gov. and financial institutions want their money yesterday, but it takes them weeks/months to go through processes to return it or update information connected with it. This whole audit thing cracks me up. It's 2009, are they still doing things with manual ledgers?