Discharge Questions
We filed in February 2008 and included our mortgage, cars and 0% was to go to the unsecured debts. It was a 5 yr plan and we turned one car in through the bankruptcy, kept the other car along with the house. The mortgage was modified and taken out of the bankruptcy and the car is all caught up now as well. I called the trustee's office and they said they do not show any future disbursements to be paid, but we have about 3200 left in the base plan. My question is; if there is nothing slated to be paid and the car and mortgage are now out of the bankruptcy, shouldn't our plan get discharged? Or are they going to keep collecting money even though nothing in the plan is to be paid out? I'm just a little confused...and so was the representative on the phone. She was not sure why there was 3200 left in the plan, but no future payments were supposed to go out.
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It may have started as a 0% to unsecured plan - but does not automatically stay that way. Some unsecured would have filed claims, and if it turned out that there were funds available for them they get a portion.Get mortgage modified: DONE! 7 months of back interest payments amortized, payment reduced over $200/mo
(In the 'planning' stage, to file ch. 13 if/when we have to.) -
You're only 2 years into a 5 year plan - have you seen which of your unsecured creditors filed claims? Have you looked in Pacer? I don't see how they would discharge you only 2 years into a 5 year plan unless you didn't have ANY creditors file claims. I would ask your attorney to check into it.Comment
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I appreciate the answers. I sent my attorney an email today to look into it. Of course in a week or two they will get back to me. A lot of the unsecureds filed claims, but I was just confused as to why nothing was scheduled to be paid.Originally posted by SMinGA View PostComment
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I am also 2 years into a 5 year plan. I initially kept my house and my car was paid outside of the BK13 because it was in my husband's name also. He did not file with me. I surrendered the house. My credit cards have been paid at 100% so now there is nothing left. Initially they were set to be paid at 10%. My lawyer contacted me to tell me to go thru the final counseling course which I did and send them the certificate. They said they were going to go in front of the judge. That was 2 weeks ago. PACER shows I was discharged on 03/04/10. I pray this is true. Fortunately I did not have a lot of unsecured debt.Comment
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