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    Hello all - I'm new but have a question. We are 2 years into a 3 year plan with about 15 payments supposedly left in our bankruptcy. We have been getting bigger income tax payments than what they figured on and because of that our plan base has been met.

    I talked with someone not too long ago at the lawyers office that said that we would probably have to pay the full 3 years anyway.

    However, I noticed this morning that our status on our case went from active to about to close.

    Does this mean the trustee is releasing us early?

    Just asking to see if anyone has had the same experience.

    #2
    Originally posted by Jojaby View Post
    Hello all - I'm new but have a question. We are 2 years into a 3 year plan with about 15 payments supposedly left in our bankruptcy. We have been getting bigger income tax payments than what they figured on and because of that our plan base has been met.

    I talked with someone not too long ago at the lawyers office that said that we would probably have to pay the full 3 years anyway.

    However, I noticed this morning that our status on our case went from active to about to close.

    Does this mean the trustee is releasing us early?

    Just asking to see if anyone has had the same experience.

    I'm not 13 savvy, but it would seem to me if you had a confirmed agreement, and met that agreement, that you should stop payment of any excess. Query your Trustee or lawyer on this. You may be held up to close for the rest of the time but I would not over pay. You probably would play havoc getting it back. 'Hub
    If I knew it all, would I be here?? Hang in there = Retained attorney 8-06, Filed 12-28-07, Discharge 8-13-08, Finally CLOSED 11-3-09, 3-31-10 AP Dismissed, Informed by incompetent lawyer of CLOSED status, October 14, 2010.

    Comment


      #3
      Originally posted by Jojaby View Post
      I talked with someone not too long ago at the lawyers office that said that we would probably have to pay the full 3 years anyway.
      Whoever you talked with at the lawyer's office needs to stop giving out this kind of advice - they are 100% wrong.

      In Ch 13 you are successfully discharged two ways: (1) You've paid the number of payments agreed to in your confirmed plan, or (2) All your unsecured creditors who filed claims have been paid back 100% of what you owed them.

      By law, you cannot be forced to pay more than you owe. However, if your trustee is delayed getting your case audited due to the current high case volumes, you can find yourself having to continue to send in payments until you are officially discharged. If this happens, your trustee will send you a check that refunds the extra dollars you paid in. You can usually avoid this by contacting your lawyer and asking him/her to ask your trustee to give permission for payments to stop before the case audit is completed.

      However, I noticed this morning that our status on our case went from active to about to close. Does this mean the trustee is releasing us early?
      Yes, it's likely. However, contact your lawyer to find out for sure about the status of your case. Continue making payments until you get confirmation from your lawyer or the trustee that it's ok to stop payments.

      Hope you find out you are just about done with your 13 - way to go! We'll have your official discharge party as soon as you let us know your 13 is officially over.
      Last edited by lrprn; 04-11-2010, 08:34 AM.
      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


        #4
        Mine ended early. I was in a 60 month plan, attorney objected to an secured charge after i had been in the plan almost 3 years. I was 0.00% payback to unsecured creditors. The secured amount was dropped and my plan ended at 47 months. On 13datacenter it says plan completed and the money that was over paid while waiting for the trustee office to audit has been returned to me. I had the last certification filed and now awaiting the offical discharge.

        Comment

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