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Do you have to go back to court for discharge?

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    Do you have to go back to court for discharge?

    I was just wondering. We have about three payments left. We talked to someone at the trustee's office today and she told us our plan will close in October on schedule! I was just wondering do I have to go back to court when it's over or was five years ago in the beginning the only time I have to go?

    Thanks,
    Filed Chapter 13 10/4/04
    Completed Chapter 13 10/28/09
    Discharged 1/4/10!!!

    #2
    No. When you make your last payment, inform your attorney. You shouldl hear from your Trustee sometime after your last payment is made as to what will occur as to your Plan prior to discharge (final payments to creditors made, plan audit, etc.). You will receive your discharge after those events take place. The process usually takes about 3 months.
    _________________________________________
    Filed 5 Year Chapter 13: April 2002
    Early Buy-Out: April 2006
    Discharge: August 2006

    "A credit card is a snake in your pocket"

    Comment


      #3
      Cool thanks. I can't wait to stop making payments. LOL Thanks for the quick response.

      One more thing, our remaining payment amounts are more than what 13datacenter has listed as what's left to pay. Meaning if we make three full payments then we will be over the plan base. Should I make the last payment a full payment, or just for the difference between what we've paid in and the plan base? Just curious I don't have a problem making a full payment but a smaller one would be cool.

      Thanks again.
      Last edited by 77ford; 08-17-2009, 10:32 AM.
      Filed Chapter 13 10/4/04
      Completed Chapter 13 10/28/09
      Discharged 1/4/10!!!

      Comment


        #4
        don't put it in the bank until you see the check. My guess the trustee will just pay more to unsecured creditors. Refunds come when you pay in longer than the proposed plan called for (mostly because it takes time to stop wage order assignments etc)

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          #5
          I don't have my payments automatically deducted from my work check (wages). I have been sending in payments on my own for 5 years. Well nearly 5 years.
          Filed Chapter 13 10/4/04
          Completed Chapter 13 10/28/09
          Discharged 1/4/10!!!

          Comment


            #6
            I wouldn't count on any big refund. Mine was 8.62 cents. LOLOL

            Comment


              #7
              I don't want a refund. I take it you're saying to just send in a full payment for my last one, not the difference of the plan base and what I've already paid in.

              Thanks.
              Filed Chapter 13 10/4/04
              Completed Chapter 13 10/28/09
              Discharged 1/4/10!!!

              Comment


                #8
                You should receive a refund (diference in base plan and what you actually send in). Pre - Brkt reform 13's were a little different, which given you have been in it for nearly 5 years, I assume your old law. You could pay in the "pot" amount and be done with it (after 3 years).

                Whatever you do, don't stop sending in the payments until the trustee tells you to.
                Chapter 13 Filed 4/03/06 :blink: 341 Meeting Complete 5/11/06 :yes2:
                Plan Confirmation 6/16/06 :yahoo:
                Discharged: 1/5/2010 :yahoo::yahoo::yahoo::yahoo:

                Comment


                  #9
                  I believe we are old law because I remember after we filed and stuff they had all those commercials about how the laws were going to change.

                  Thanks for all the insight.
                  Filed Chapter 13 10/4/04
                  Completed Chapter 13 10/28/09
                  Discharged 1/4/10!!!

                  Comment


                    #10
                    Originally posted by 77ford View Post
                    Cool thanks. I can't wait to stop making payments. LOL Thanks for the quick response.

                    One more thing, our remaining payment amounts are more than what 13datacenter has listed as what's left to pay. Meaning if we make three full payments then we will be over the plan base. Should I make the last payment a full payment, or just for the difference between what we've paid in and the plan base? Just curious I don't have a problem making a full payment but a smaller one would be cool.

                    Thanks again.
                    Make all remaining payments as indicated on your confirmed Plan in the exact amount. When you make your last payment, contact your attorney for further instructions. After your plan is audited by the trustee, if there is any overage, you will receive a refund but it won't be for a while.
                    _________________________________________
                    Filed 5 Year Chapter 13: April 2002
                    Early Buy-Out: April 2006
                    Discharge: August 2006

                    "A credit card is a snake in your pocket"

                    Comment


                      #11
                      Ok thanks, I have two payments left!!!! I'm stoked!!!! It's been a long 5 years!!
                      Filed Chapter 13 10/4/04
                      Completed Chapter 13 10/28/09
                      Discharged 1/4/10!!!

                      Comment


                        #12
                        Originally posted by 77ford View Post
                        Ok thanks, I have two payments left!!!! I'm stoked!!!! It's been a long 5 years!!
                        I bet your are stoked...congratulations on making it. I can remember when I first joined this site...wow..about 3 1/2 years ago. Never thought I could make it 5 years. I have made 40 payments, 20 to go.

                        My big worry now is getting laid off, I just pray I don't have to deal with that.
                        Chapter 13 Filed 4/03/06 :blink: 341 Meeting Complete 5/11/06 :yes2:
                        Plan Confirmation 6/16/06 :yahoo:
                        Discharged: 1/5/2010 :yahoo::yahoo::yahoo::yahoo:

                        Comment

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