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    Will it ever end?

    DH and I filed a Ch. 13 under old law, and are quickly aproaching the end. After checking 13datacenter multiple times, none of our unsecured creditors had filed claims. Not one.

    Several months ago I approached my atty and asked if this meant we could receive an early discharge from our 60 month plan, as it appeared that all the conditions had been met. His answer was no.

    We have desperately hoped to sell our home (the reason we opted for the 13 - we wanted to keep our home and cure the arrearages) due to my husband's career change. Because of the multiple steps involved it was too costly and would take too long, so we decided to wait out the end of the plan. That was when we discovered that it takes our district nearly a year after plan completion for discharge. Yet another setback.

    So, long story short, we have been working hard and trying to get through this and almost see the end in sight. Because of the failure of our creditors to file claims, we also anticipated a respectable amount would be returned to us in time.

    In July we received a motion to dismiss because over the life of the plan we had fallen slightly behind. We met with our atty and filed the paperwork and were able to increase the remaining payments enough to have the plan base paid by the time our case was set to close. Waiting to see how we could fix that was horrible...dark, stresful, worrisome days that felt very much like the time period prior to filing.

    So all is well and we are paying the larger payment, a handful of payments remain, and the trustee ordered a conciliation conference with our atty. Last week we received a letter indicating that our plan base must be met a full 20 days prior to what we expected. Between my work bonus and some careful planning we could do that...and I looked at it in a positive light. That is just 20 days sooner that we are done!

    A second conciliation conference was scheduled for December 3rd, the day the final payment must be received by. Something made me look at 13datacenter today and to my disbelief there are many claims now appearing...ones that weren't there several years ago,weren't there even a few weeks ago.

    Three messages to my atty have gone unanswered and one email. I am a nervous wreck. By the looks the things this could raise our plan base, and we are out of time. There is no way we can come up with anything else. My husband just took a 2% pay cut, and as it stands I have a child whose orthodontic treatment has been delayed and another that needs a root canal we cannot afford. I had to call this morning and cancel a series of dental appointments that I made months ago for the kids to get fillings because we cannot afford to pay the 20% the insurance doesn't cover. Plus I'm sitting here with an empty oil tank.

    Things will be great once this finally ends...and the countdown on my computer tells me that is just 45 days from today. But in the meantime I am scared out of my wits...terrified they will come back and want some huge lump sum at the end of our plan that we don't have, and that all of this was for nothing and we will not get our discharge. Does anyone have any advice, words of wisdom, even just a little kindness to share? This has been a long road and we are oh so very tired. I know that I need to speak to my atty, but if anyone could share a similar experience or any thoughts I would be most grateful.
    Last edited by lrprn; 10-12-2009, 06:55 PM. Reason: added paragraphs to increase readability

    #2
    Wow, what a mess. I'm trying to figure out how your plan could have lasted for five years and not had a single claim filed, yet now there are all kinds of creditors showing up on 13DataCenter.

    You need to get an appointment asap to sit down with your lawyer face-to-face and get a straight answer about what is going on. You've come so far and are so close to the finish line. Hopefully everything will work out and you'll finally be discharged. But first you need to get solid answers explaining what's going on right away, and only your lawyer and your trustee can give you those answers.

    Hang in there, and please keep us posted about what you find out.
    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
      The 13datacenter is only as efficient as your trustee is in updating it. In your case, it seems either your trustee has failed to update your data for five full years, or allowed claims long after the deadline -- either way, I'd ask my attorney to file a complaint with the bankruptcy judge. Should the judge/trustee relationship be incestuous, appeal IS available.
      Somebody other than you screwed up here.
      By the way, did you, by chance, print out any of the early datacenter pages that showed no creditors?

      Comment


        #4
        you can always look at pacer to see if and when the creditors filed a claim. It would have the actual filing date of the creditor instead of looking at the data center which evidently wasnt updated correctly

        Comment


          #5
          Thanks all for your replies. I finally got a read reciept on the email to my atty, so hopefully he is looking into this. I have tried Pacer, but found it difficult to manuever and decipher. I need to spend some time reading one of the stickies here to find out more about it.

          I wish I had those earlier printouts, but I never bothered to print them out. It makes me feel a little crazy now, but I know what I read. I would literally go over that information with a fine tooth comb...we have been so desperate to relocate, I have been searching hardcore for a way to end this whole thing early for almost 2 years, or just trying to find any possible way we could reasonably sell our home during the plan without having to shell out thousands we don't have and jumping through multiple hoops.

          Comment


            #6
            Update: Still no word from the atty, but I did just check Pacer. There is an entry on 09/22/09 which reads "Notice of Claims Filed and Intention to Pay Claims -batch-"

            When looking over the Claims Register, the aforementioned claims were entered well prior to the last date to file claims. That still doesn't explain to me why it took the trustee a full 5 years to enter the claims. It just doesn't make any sense. And I still don't know how nobody else has seemed to catch on to the fact that the same creditor filed 2 claims for the same debt in two slightly different amounts. Ugh. I guess I'll go keep waiting for that email to come.

            Comment


              #7
              i realize all trustees and districts are different. However I received a printout every 6 months from my trustee's office that listed all claims I stated, what claims were filed and how much had been paid on each claim. I am sure your trustee has been paying on the claims filed.

              I have found the 13network to be far better than the data center in giving out trustee information

              Comment


                #8
                does one have to request a name and password to veiw the 13 network from the trusttee? i went to the page and it had all kinds of warning on it, so i closed the page out lol

                Comment


                  #9
                  call the trustee's office and ask. LOL Our trustee posts on his website that your log in is your case number and your password is your social security number (or the primary ss number on your case) Dont let the warnings scare you. But call the trustee's office and ask a staff member for that log in.

                  Comment


                    #10
                    thanks, i found a page that had to be printed out on that site and mailed to the trustees office requesting a login and password

                    Comment

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