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Crappy news about how long to wait for discharge!

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    Crappy news about how long to wait for discharge!

    I was all happy and I still am happy that I'm done paying the trustee every month. But we really want (NEED) to get an new car, and we found one we love at the right price. Well over a month ago when I contacted my attorney about making our last payment he said the trustee will do an audit and then submit a motion of in compliance, then they wait 20 days (all of which has been done) then file for the discharge. Silly me, I was thinking it was gonna be a quick deal and we were gonna get a new car an be happy. Because we were already approved, they just wanted to see our discharge papers. Well a person from our attorney's office contacted us the other day wanting to update our info an stuff. She said it was for the discharge, but for more info I could contact their office on Monday. I was still happy at this point. I contacted their office on Monday and the person at the attorney's office tells me it is gonna take 4-5 months to get the discharge!! That sucks!!!!! I'm sure we'll find another car we like but this one seemed like it was perfect in every way!!!!! I told my wife I guess this will give us time to save up a bigger down payment. I just had to rant a little.
    Filed Chapter 13 10/4/04
    Completed Chapter 13 10/28/09
    Discharged 1/4/10!!!

    #2
    The large increases in the number of bankruptcy filings since the economy tanked has really clogged up Ch 13 trustees' ability to do their discharge audits as quickly as they have been done in the past. So sorry that your official discharge will be delayed so long - come back and rant any time if it helps.
    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

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      #3
      Originally posted by 77ford View Post
      I was all happy and I still am happy that I'm done paying the trustee every month. But we really want (NEED) to get an new car, and we found one we love at the right price. Well over a month ago when I contacted my attorney about making our last payment he said the trustee will do an audit and then submit a motion of in compliance, then they wait 20 days (all of which has been done) then file for the discharge. Silly me, I was thinking it was gonna be a quick deal and we were gonna get a new car an be happy. Because we were already approved, they just wanted to see our discharge papers. Well a person from our attorney's office contacted us the other day wanting to update our info an stuff. She said it was for the discharge, but for more info I could contact their office on Monday. I was still happy at this point. I contacted their office on Monday and the person at the attorney's office tells me it is gonna take 4-5 months to get the discharge!! That sucks!!!!! I'm sure we'll find another car we like but this one seemed like it was perfect in every way!!!!! I told my wife I guess this will give us time to save up a bigger down payment. I just had to rant a little.
      I feel your pain i'm in month 42 of a 36 month plan with no end in sight.

      Comment


        #4
        Originally posted by lrprn View Post
        The large increases in the number of bankruptcy filings since the economy tanked has really clogged up Ch 13 trustees' ability to do their discharge audits as quickly as they have been done in the past. So sorry that your official discharge will be delayed so long - come back and rant any time if it helps.
        Well the audit has been done and the motion of in compliance has been filed. So I took it as the problem was with the judge doing his discharge part, not the trustee being behind???

        In my emails to my attorney we discussed how less than 42% of people who file a 60 month Chapter 13 make it through successfully. So I figured the discharge wouldn't be clogged up. I guess that's what I get for assuming. LOL

        Thanks,

        42 months on a 36 month plan, that does suck.
        Filed Chapter 13 10/4/04
        Completed Chapter 13 10/28/09
        Discharged 1/4/10!!!

        Comment


          #5
          If your in mth 42 of a 36 mth plan are u still making the pmts ?? Sorry if this is a silly question ...My pmts are directly drawn from my paycheck and I would be flipping out if my plan was longer than expected taking more money...
          Those who live in glass houses should not throw stones
          Chapter 13 filed 10-21-09
          Discharged 4-13-15

          Comment


            #6
            If I may, what states are you all in with it taking so long for a discharge? I am in south Georgia and wondering if mine will be the same

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              #7
              I'm in Louisiana. I'm hoping that the girl I talked to at my attorney's office didn't know that I had already talked to my attorney and he made sure to get the trustee to go ahead and do the in compliance motion and he said he would make sure on the 20th day that the motion to discharge gets done also.

              So like I said I'm hoping she just didn't know all the facts.
              Filed Chapter 13 10/4/04
              Completed Chapter 13 10/28/09
              Discharged 1/4/10!!!

              Comment

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