new statements

[melissa69]

Hi I am new here. I have a ? I was hoping someone could help me with. I just received my BK statement. I filled for 13 10/19/2007 and was confirmed 1/22/2008. So my ? is on my statement if you add up the amount of principal remaining on all my debt which according to this is only my 2 secured car loans it comes to 7191.87. My plan payments according to this is 128.00wkly. So when you do the math it looks like I will have ruffly 56 or 57 payments left. Which means a little over a year to go. My plan was supposed to be for 5 years. Also according to this unsecured to be paid back at 2%. So Since according to this all my unsecured is now paid down to 0 and secured is just 7191.87 will they still take out from my dh check after secured is paid down to 0?Thanks so much for any help and sorry for long post.

[keepinitreal]

Is there a chance that some of the weekly payment is also going to your bk attorney and the Trustee each week for their fees? That would cause less than the full $128 to go to your secured loans and stretch them out longer.

[melissa69]

According to the statement atty is paid in full, dosnt say how much is still owed to trustee just shows we have paid her 1287.80 so far. Thanks for your reply.

[newbie2]

Hi I am new here. I have a ? I was hoping someone could help me with. I just received my BK statement. I filled for 13 10/19/2007 and was confirmed 1/22/2008. So my ? is on my statement if you add up the amount of principal remaining on all my debt which according to this is only my 2 secured car loans it comes to 7191.87. My plan payments according to this is 128.00wkly. So when you do the math it looks like I will have ruffly 56 or 57 payments left. Which means a little over a year to go. My plan was supposed to be for 5 years. Also according to this unsecured to be paid back at 2%. So Since according to this all my unsecured is now paid down to 0 and secured is just 7191.87 will they still take out from my dh check after secured is paid down to 0?Thanks so much for any help and sorry for long post.

Since your plan was scheduled for 5 years that tips me off that you were over the median income when you filed, which does mean 5 years of payments. Also, since your unsecured creditors were not being paid at 100%, the DMI that you are paying in to the plan will keep on being paid. At the end of your plan you will see the unsecured creditors have received more than planned.

[melissa69]

Ok I have a update hope you guy's can help me. I received a notice of "failure to file a statement of completion of course in personal financial management" I was in shock since we have only paid in 4 years. We were planing on doing the course in January since there is still a year to go. The second page says "Through an entry on the case docket entitled notice of completion of plan payments" Does this mean we have finished? I am shacking so bad and cant even think straight. Please somebody tell me this means we are done. I will be speed dialing my lawyer first thing Monday, but I am going nutts waiting. Anybody know?

[kjrmom911]

melissa Id say call your attorney but are you SURE your plan was for the full 60 months? Mine was approved for only 48 months which a few people on here told me would never happen, but it did. I think it was because we were under the median but because of our priority debt we were allowed to stretch it to 48 months.

[melissa69]

I'm sure five years 60 months. I think it might be because most of the unsecured didnt file. Do you think this means we are through?

[lrprn]

I'm sure five years 60 months. I think it might be because most of the unsecured didnt file. Do you think this means we are through?

Have you checked your trustee's website yet to see what's been posted there? (13Network or National Data Center). You can see all your received payments plus what the trustee still thinks your plan has remaining.

Are you in a 100% payback plan?

Keep in mind that some courts do send out a reminder letter that the required Debtor Education course hasn't been completed yet. That could be why the letter arrived.

It could be bad news if your plan really was completed a year early and you haven't done your required second course, Debtor Education, yet. By law, that second course has to be completed successfully and your certiifcate posted to the courts before you can be discharged. This could hold up your discharge if you didn't do the course yet and it turns out you are done because your lawyer will have to dance with the trustee to see what can be worked out.

Call your lawyer on Monday first thing to find out what's best to do in this situation. Good luck!

[mountanddo]

My chapter 13 states that I have to complete the second education course within 75 days of filing or I won't be discharged. I'm in a 3 year plan.

[melissa69]

I didnt know my trustee had a web site. I am still so excited to know this is the end. I dont understand when we received our yearly statement in October why it didnt say something about us almost being through. Of course I have never understood those anyway. Thats why I made this post last year. I thought it looked like we would be done early.I am for sure calling my lawyer first thing Monday and see where and when we can get this course taken.We have been through so much since this started. We lost one of our baby's plus three family members, plus my job, my car is sitting in the yard with a blown motor that we cant afford to fix, I have battled breast cancer. This has been the worse 4 years of my life. I think if they kick our case out now I will just loose my mind. I cant take much more just hope we get good news for a change.

[melissa69]

Ok the letter goes on to say "the certification/motion must be filed within 30 days from the date on which the notice of completion of plan payments was placed on the docket of this case by the chapter 13 trustee" Then the second page says we have 14 days from the date of notice which is 11/18/11. We just received this today.So we should still have time to get it done and filed I hope.

[mountanddo]

yeah, I wonder why I have to do it within 75 days of filing and other people are allowed to wait until they are almost done with their plan.

[melissa69]

Ok I found the website. Thank you so much for that info. It says case status plan completed. Omg that means we are done. Am I right? That does mean we are done.

[melissa69]

Never thought i would say it but wish Monday would hurry up and get here lol.

[lrprn]

yeah, I wonder why I have to do it within 75 days of filing and other people are allowed to wait until they are almost done with their plan.

There's no consistency about when local courts and Ch 13 trustees require Ch 13 filers to take the debtor education course (the second one) across the country. In our case, our trustee sent us a reminder letter to get it done on our one year filing anniversary. All the badly written current Ch 13 law states is that the course has to be taken. It doesn't state *when* so the local courts and trustees deal with it as they wish.

When the court doesn't set a deadline, there's really no reason to wait to take the required after-filing Debtor Education course - go ahead and get it done as soon as you can safely afford the course fee. That way you don't find yourself dealing with the problem melissa69 has now four years after filing. Just get it done, check the box, and don't ever worry about it again.