Got a letter from Attorney

[jsperk]

Hello,

I recieved a letter from my attorney.They stated that my case ended May 17 and the trustee has 90 days to do the audit and discharge from that date.If they don't discharge by 90 day I am to call them and then they file a motoion to the judge to get the case dischargerd.I am so happy.I just hope all finally is over soon and nothing goes wrong.

Date Petition Filed 5/17/2005
Date Plan Filed 5/31/2005
First 341 Meeting Date 7/5/2005
Date Case Confirmed 7/18/2005
Date Case Closed 7/18/2010

[Flamingo]

Congratulations on your hard work...I know what a hard road it was. To give you a timeline, we bought out early from our Chapter 13 (via refinancing) in April 2006. We received the Trustee letter in early June as to what was being done as to the audit, etc. and our discharge was dated toward the end of August 2006.

When you get that discharge, wait several weeks and go into your three major credit reports and start cleaning up. Time seven years from the date of your filing to ensure all BK references are off your reports (wait about six weeks after that seven year date to give time for things to be taken off and reported correctly).

Best of luck to you...

[busby]

Shouldn't this BK having ended on 5/31/2010 - five-years from the filing date instead of five-years from the confirmation date?

Doesn't that mean you ended up making at least one extra payment?

If I was in your situation I wouldn't care but I just thought it was 60-payments, with the first payment being due within 30-days of filing.

[jsperk]

Actually there still taking money out of my paychecks.I guess it will stop once the audit is done and any extra paid I get back.
Thanks Flamingo.It's been a long road.



Date Petition Filed 5/17/2005
Date Plan Filed 5/31/2005
First 341 Meeting Date 7/5/2005
Date Case Confirmed 7/18/2005
Date Case Closed 7/18/2010

[lrprn]

Shouldn't this BK having ended on 5/31/2010 - five-years from the filing date instead of five-years from the confirmation date?

This filer filed before October 17, 2005 when the current bk law went into effect. The prior Ch 13 world was very different than the Ch 13 world we are stuck with now.

[lrprn]

Actually there still taking money out of my paychecks.I guess it will stop once the audit is done and any extra paid I get back.

You should contact your lawyer and ask him/her to contact the trustee's office to see if the payments from your paychecks can be stopped while the audit is conducted. Some trustees will agree to this and some won't. You've got nothing to lose by asking your lawyer to ask.

Congrats on the soon-to-be discharge - way to go!! Fantastic work to successfully finish your plan!! Hope you get news from your trustee soon that the audit is completed and your discharge is in the mail at last!

[justbroke]

Actually there still taking money out of my paychecks.I guess it will stop once the audit is done and any extra paid I get back.

This will not happen automatically! Trust me! Been there. Done that! You need to file a Motion to Vacate Wage Deduction Order! The Trustee will tell you it's not their responsibility and that you should have filed the motion 30 days before your Plan payments were done.

At least, that is how my Trustee behaved. They were very snooty too and didn't care that I had a mortgage payment of $4.6K due and they had over $13K of my money.