Wait !! I want to get out of this thing now !!

[Nomad]

I'll see how thngs go Monday morning and then take it from there.

[athomas]

Not sure about the lawyer, but I also have the same trustee. I guess we're lucky that my DH changed jobs halfway through our plan...we went from payroll deduction to mailing in a money order every two weeks. We reached the end of 60 mos. (and our plan base) in December, and were told by our atty to resume making our mortgage payments on our own in January. About a week ago I finally got a letter from Ms. Winnecour's office indicating that our plan was complete and that it was now ready for final audit. It also said something about this taking at least 90 days, that i *may* receive a discharge. I am glad things worked out that way for us, but I am so ready for it to be over. There is absolutely no way we could have resumed the mortgage payments and continued paying into our plan at the same time. Best of luck to you in getting this done and over with!

[Nomad]

OK, three phone calls, on the hour, and emails on the half hour and I got some action from the lawyer. He looked at the plan and he agrees that we have acheived our goals with the plan. The lawyer will file a cessation to the garnishment this week. It should be signed by the judge sometime next week. The audit could still take up to 90 days at which point I'll get back a check for the overpayment. A dollar short and a day late by my calculations along with the added pain. I guess I'll believe it when I see it.

Regardless, thanks for the advice everyone.

[justdeb]

Question for Justdeb, I'm new here. My husband and I plan to file in June. I'm trying hard to learn all I can. We've retained a Lawyer, but haven't paid his fee's yet. Anyway...I don't really understand your quote below.

Justdeb:We are set for our 341 the end of this month, but so far, our payment was set at $600.00 *ouch* because we own our vehicles outright and those are our only assets, so instead of selling them, we've got to pay the TT the value of them.

We have 2 vehicles that are paid off. We can't sell them because we absolutely need them. We have 3 children, 1 uses a car to get to school. We just purchased a 3rd reliable vehicle before we head into our chapter 13 and won't be able to get anything for 5 years.
What do you mean by paying the TT the value of them?

Thanks

first - let me apologize to Nomad for the hijack here - dont know how else to answer this question outside of ShielaE doing her own post... so I'll answer it here - sorry Nomad - but so happy you're getting things stopped as far as the garnishment!

ShielaE - our assets are our vehicles - as we own these outright (2007, 2005 as well as our 2006 RV, all Paid in full in early 2009) These amount to a value of about 36K, so because those are our assets, that is what is set as to the debt we are to pay back to the unsecured/secured creditors. We only have 1 car note in addition to the above vehicles (we will keep this and pay it outside of the plan) and our 2nd mortgage, which we will be stripping. Because we wanted to keep our vehicles and our RV, and the value was so high on them, we had to "pay" the trustee the value of our vehicles what the trustee would have gotten for them in a Ch. 7 liquidation case in order to keep them. That also set our precedence for our payback as that is our only assets.

The trustee can take back any vehicle if they see fit to do so in order to pay your creditors- unless you include the vehicle as an asset and exempt it by paying for it again into your plan. I dont know how else to explain it.... I hope that explains it to you.

[soccermom]

I too have the same trustee. I cannot begin to express my frustration. We were supposed to be done paying in November of 2008. After repeated calls I finally got them to stop taking out payments from my husbands pay in Feb 2009. At that time we went into "audit review" which is supposed to take 90 days. Here were are more than a year later and they STILL have not reviewed our case. They have my overpayment and I assume they are making interest on it. I have decided to send monthly emails. Here was the response to my latest email:

As told before, there were many cases filed in 2005 and we are trying to close cases as quickly as possible. You will receive notice from our office when your audit is completed. Once the audit is completed, a debtor refund would be issued if there was an overpayment.

[Nomad]

If I was you Soccermon I'd wonder if it would be worth calling a legislator and have your local Congressman buzz their office to get the Trustee moving. I would make sure that they are tracking the interest and check to see if they are going to refund the interest as well. Regardless, whether or not your Congressman will call, you might let the Trustee know they can expect a call from your Congressman regarding their year long 90 day review audit. Unfortunately I don't have a Congressman, Murtha died earlier this year.

[Nomad]

Well, I was paid last week and the garnishment is still coming out. I've also found out, as I suspected, but was afraid to chase down that although the Trustee paid the back amount on a time share they did not make the payments as though I put it on the payment schedule. In the meantime the owner's association is putting it up for sherriff sale. Good ridance I say, but I wish the situation had been handled differently, and I am sorry that it is happing so late into the 13. This is occurring just in time to crash the credit rating that has climbed over 700 while still in 13. As others have said here it is too bad that the Trustee and my attorney are so unresponsive. They are slower than molasses in January. To boot my company just got a crappier insurance and I have to go in to have an MRI taken on a torn tendon in my arm. The coverage for that is still up in the air. All put together, I am so happy today that I could just ___t.