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    Hello everyone,

    I am about 3-5 months of completing my 5th yr of chapter 13.I can't seem to get answers out of my lawyers.
    I was looking at the one website at my payments and some of the creditors were not even paid anything yet.
    Do I just go back to paying these once I am done with my case.
    Also I was told after my 5 years they have to do an audit and this could take along time.Do they keep taking out the backruptcy money from my pay during the audit?

    Thanks,

    Jay
    Last edited by jsperk; 02-12-2010, 08:33 AM.

    #2
    Don't know about audits, but there is the possibility that some creditors would get very little to nothing..and as far as I can tell they are NOT allowed to pursue money. ALL debts listed in a BK that remain are dismissed in a 13 too (although I was told by atty #1 that any student loans not PIF at the end of the plan would still require payment.)
    First consult: You go now, no CH 7 for you. You spent entire buffet. 13 has a 95 percent payback. (Owwwch) On to next consult....

    Comment


      #3
      Generally, too, if any disbursements are less than $10.00, they simply won't be made. A creditor might have to wait til the very end to get a disbursement, if the amount is very small.

      Comment


        #4
        Originally posted by jsperk View Post
        I was looking at the one website at my payments and some of the creditors were not even paid anything yet.
        You are assuming that your trustee's website is up to date. Some trustees are notoriously tardy posting disbursements to their websites. The only way to know what's *really* going on financially is to ask your lawyer to request a current state printout of your case.

        Has your trustee been sending an accounting of your case through the mail every six months? This is a typical practice, although some trustees may choose not to do it.


        Do I just go back to paying these once I am done with my case.
        All unsecured creditors will have received all the money they are entitled to have at the end of your plan.

        Secured creditors of assets you plan to keep with loans that were *NOT* paid off completely when your plan ends - to keep the assets, you will need to continue making those asset payments after your Ch 13 ends.

        Also I was told after my 5 years they have to do an audit and this could take along time.
        Yes, an audit by your trustee is a regular part of what happens at the end of every Ch 13 case. It normally takes 6-10 weeks after your last scheduled payment to complete the audit. However, with so many bankruptcies being filed these days, some trustees are quite backed up. Your lawyer can give you an idea of how long Ch 13 discharge audits are taking to complete in your area.

        Do they keep taking out the backruptcy money from my pay during the audit?
        Until you receive the signed discharge papers from the court, unfortunately yes, payments will continue to be taken out. However, you can ask your lawyer to contact the trustee to request the pay dispersals stop until the audit is complete. No guarantees but it's worth a try.

        Keep in mind that whatever you do have to pay in that's extra, the trustee sends back to you in a nice check when you are discharged to jumpstart your new financial life!
        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
          Thanks I really appeciate the informaton.

          Comment

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