Suggestions for waiting on discharge letter...

[StillWaiting]

Hi All!

Newbie to the forum here.

Could use some suggestions here. My ex-husband's and my C13 plan was completed with the last payment in February 09. We didn't receive the original completion letter because my ex-husband didn't notify the trustee of a change in address for his second move. There was a refund check for an overpayment into the plan in that envelope with the original letter. I contacted the trustee's office and they fixed the address and then sent another copy of the completion letter.

I have been told that all of the checks have cleared the bank that were issued on the plan except the one that was "lost in the mail". Now the trustee's office will not issue another check for at least 120 days.

Should I contact our attorney about this delay?

And has anyone else experienced this type of situation?

Our discharge letter is being delayed because of this one check that is issued to us.

Help...so tired of this whole mess. Any words of wisdom would help.

[oldhack]

Probably not what you want to hear, but -- the 120-day wait sounds pretty standard and reasonable, to me.
One of the things highlighted in almost everything I got from the trustee during Chapter 13 was to keep current address(es) updated. This is an example why.
Since most banks will cash a check up to 90 days from its issue (some much longer, even), the trustee is exercising due diligence to make sure the first check doesn't get cashed before issuing another one. Were the shoe on the other foot, and it was a check YOU had written, you'd probably desire a waiting period before issuing a replacement, too.

[StillWaiting]

Thanks for the response, oldhack.

Yeah, I don't want to hear that. It wouldn't be so bad if the darn check was written for a large amount but it is for only $1.50.

Talk about following the guidelines to a "T". Good grief.

[oldhack]

...It wouldn't be so bad if the darn check was written for a large amount but it is for only $1.50.

Talk about following the guidelines to a "T". Good grief.

Well, that IS disheartening. Boy, they stopped your payments fast, huh?!
I wound up getting four (semi-monthly) payments back in refund -- and my case STILL took less than six weeks to discharge and close.

[walkthaplank]

Thanks for the response, oldhack.

Yeah, I don't want to hear that. It wouldn't be so bad if the darn check was written for a large amount but it is for only $1.50.

Talk about following the guidelines to a "T". Good grief.

Is there any way to waive the $1.50 so that your case can discharge and close?

[StillWaiting]

Yes, finally....I was able to speak to Bankruptcy Supervisor who had my case sitting on her desk for review. She suggested that we "donate" the $1.50 to the "unclaimed" funds to get the ball moving. After about 3 weeks, then the discharge papers finally came.

Wow....what an ordeal.