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    About to close in Wisconsin

    I am wondering if anyone has recently finished their CH 13 from Wisconsin? I filed in 09/05 and was confirmed with a 36 month plan to end 12/08. When nothing was happening, I asked the Trustee for a review (lawyer is non-responsive at this point). Then they added in amount from my tax returns and an amount from my mortgage company (they tried to lift the stay but I keep good records). So I continued to pay.

    Now I have paid all that, last amounts owed disbursed in mid June. Now my account continues to say - about to close and my balance is growing! Lasst week I got the semi-annual report and it has no reference to my case being about to close.

    How long before something happens? I would not mind them taking forever if they would just stop my payments from coming out.!

    Or should I ask for a review again like I did in February? I am not sure how busy my state is.

    Thank you.

    #2
    Don't allow your lawyer to remain non-responsive. Call or email daily until you are able to speak to him/her. If that doesn't work, make an appointment to meet with your lawyer within the next two weeks. It's not unusual for post-13 audits to take several months to complete, and with the increase in Ch 13 bankruptcies being filed, that's slowing things down even more.

    It's time to start squeaking a bit so that your lawyer will contact your trustee and find out the status of your case and the expected discharge date.
    I am not a lawyer and this is not legal advice nor a statement of the law - only a lawyer can provide those.

    06/01/06 - Filed Ch 13
    06/28/06 - 341 Meeting
    07/18/06 - Confirmation Hearing - not confirmed, 3 objections
    10/05/06 - Hearing to resolve 2 trustee objections
    01/24/07 - Judge dismisses mortgage company objection
    09/27/07 - Confirmed at last!
    06/10/11 - Trustee confirms all payments made
    08/10/11 - DISCHARGED !

    10/02/11 - CASE CLOSED
    Countdown: 60 months paid, 0 months to go

    Comment


      #3
      Thank you, I decided to squeak a bit! No response from my lawyer so I emailed the Trustee. The same person that did the review I asked about in January.

      She replied saying that she thinks my case is closing but needed to forward it to someone for a review and she will let me know shortly. Ok I am cool with that. Then today on 13 datacenter I notice my percentage to unsecured has been upped again!! Just a very small amount from 35.06% to 35.25% and I have an 'amount owed' to my five unsecured!!

      How can they keep increasing my case? Now I will have to wait for them to get around to their monthly disbursement to send this measly $38.11 to my creditors. One lucky creditor gets a whopping .84!!

      Is this normal? At the start of my case I was ordered to pay 100% to secured and 28% to unsecured...then they added in the amounts from my tax returns. Those brought the percentage up to 35.06%.

      Luckily I have plenty in my account but I need the wage deduction to stop someday. I feel like I am being held hostage and I am totally running out of patience. My 36 months was up in November 2008!

      Anyone else have this happen?

      Comment


        #4
        I've been hanging out here at BKForum since April 2006, and I've never seen a 13 case that did not have any problems still not be discharged after nine months!!

        You have to get your non-responsive lawyer on this now to find out why you are still not discharged. He may already be paid, but he's your lawyer to the end of your case. He needs to find out what's really going on down at the courthouse. You aren't going to find out by calling the court on the phone.

        Unfortunately it looks like you are going to have to make an office appointment with your lawyer to get face-to-face time. During the appointment let him know that if he does not help with this situation and give you a report within a week about exactly why your case has not been discharged yet, that you'll be forced to report him/her to the state bar for misrepresentation. That ought to light a fire under him.

        And if he still doesn't move, here's who to contact to follow through on reporting him:
        Directory of Lawyer Disciplinary Agencies - http://www.abanet.org/cpr/regulation/directory.pdf (scroll down and find your state)
        Report a Lawyer for ethics violations - http://research.lawyers.com/Reportin...iolations.html (scroll down the page to find the section with a link to your state)

        Good luck! You've waited long enough. Hope you get discharged very soon!
        Last edited by lrprn; 08-06-2009, 12:59 PM.
        I am not a lawyer and this is not legal advice nor a statement of the law - only a lawyer can provide those.

        06/01/06 - Filed Ch 13
        06/28/06 - 341 Meeting
        07/18/06 - Confirmation Hearing - not confirmed, 3 objections
        10/05/06 - Hearing to resolve 2 trustee objections
        01/24/07 - Judge dismisses mortgage company objection
        09/27/07 - Confirmed at last!
        06/10/11 - Trustee confirms all payments made
        08/10/11 - DISCHARGED !

        10/02/11 - CASE CLOSED
        Countdown: 60 months paid, 0 months to go

        Comment


          #5
          YAY!! I just saw your new thread telling us that you are FINALLY DISCHARGED!! Wonderful news!! I just love having yet another Ch 13 discharge party!

          Woo hoo!!!!!! Congratulations!! Way to get squeaky and get great results!!
          I am not a lawyer and this is not legal advice nor a statement of the law - only a lawyer can provide those.

          06/01/06 - Filed Ch 13
          06/28/06 - 341 Meeting
          07/18/06 - Confirmation Hearing - not confirmed, 3 objections
          10/05/06 - Hearing to resolve 2 trustee objections
          01/24/07 - Judge dismisses mortgage company objection
          09/27/07 - Confirmed at last!
          06/10/11 - Trustee confirms all payments made
          08/10/11 - DISCHARGED !

          10/02/11 - CASE CLOSED
          Countdown: 60 months paid, 0 months to go

          Comment


            #6
            Thank you again! I very politely asked if they could look into my case (only if they had time) and I got a very fast response!

            Not sure why 13data had that change in percentage to unsecureds today; the amount noted for my refund is exactly what is in my account. The Trustee made no mention of it in their email to me today! I am hoping it clears up overnight!

            As for my lawyer; I am hoping I never have to think about them ever again!

            Very, very happy girl here!!

            Comment


              #7
              Ok, I checked 13 data again today and my percentage is back to normal and amounts owed to unsecured is back to zero! Plus my last payment has been recorded!

              Maybe it was the devil testing my patience one last time...but I won!! Yeah!

              Comment

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