Post Bankruptcy Question?????

[justbroke]

I would start preparing a letter to the Trustee today. The letter should detail the dates/times that you attempted to contact your attorney of record and that you have received no response. In the letter you should ask the Trustee to help you since you believe you are at the end of the plan but no one is helping you get to discharge and closing.

If you have to... go sit in the attorney's office one day this week until he shows up.

[HHM]

What do you still need to file? The certificate of debtor education?

Pretty much discharge is automatic, granted it takes a few months, but that is the trustee, not your attorney.

Yes, the attorney should file your certificate of debtor education if it has not been done, but other than that, there should be nothing else that needs to be done, on your end, or your attorney's end to discharge the case, the trustee just needs to finish his final report.

[wooisme]

NO, there is one more form that has to be filed that i was told about for this district in which none of you have ever heard before it's the debtor(s) certification of compliance with 11 U.S.C. for ALL chapter 7, 11, 12, and 13. in this form you haveto sign it and it says we completed the course. we did not receive any discharge that was filed within 4 years prior to filing 13. we have not recieved discharge in another chap 13 bankruptcy case that was filed within 2 years prioer to the filing of this chapter 13 bankruptcy.

we did not hve, either at the time of filing this bankruptcy or at the present time equity in excess of $125,000 if case was filed before april 1, 2007. (which we don't have that equity) thank goodness.

that there is no current pendin any preoceeding in which i/we may be found guilty of a felony of the kind described in 11 U.S.C. 522 or liable for a debt of the kind dscribed in 11 U.S.C. and that we paid all domestic support!

THAT has to be filed with the court however the lawyer told me three months ago that I don't sign this or fill it out until I hear from the trustee's office. then we sign it and date it and mail it to the attorney and he files it to the court.

I have not heard ONE word from anyone. Now, i'm getting ready to make nov payment which will be now 2 payments that are considered overpayment!

[justbroke]

Yes Chapter 13s require a compliance notice that you are not a dead-beat parent, or have other DSOs still due and owing. You also need your debtor financial management certificate, but that should have already been filed (Form B23) since most Districts want it well before the end of the Chapter 13 Plan.

Some tidying up of the case is necessary for sure. Otherwise a discharge will not be entered. In some Districts, a Motion for Entry of Discharge is also required to be filed by the debtor (through their attorney, if represented). Usually the "certificate of eligibility" and the Motion are filed at the same time and after the Trustee's notice of the completion of the plan. Have you received or have notice that your plan is complete? Again, I'd call the Trustee's office Monday morning.

[wooisme]

according to the data center and looking at the account and all the payments received by us. all he payments sent out and the base amount of the plan is paid for plus an oveage of $900 and no payments were made on the account in oct (the last day of the month) the last time creditors were paid was end of september. the course certificate was already filed for the one that is required at the end of bankruptcy. it's just that last form but again when I had to call and nag the attorney to file the certificate for the course, he told me at that time that I will need to sign another form that the trustee gives us and that we need to sign it and mail it to him. he said AFTER the trustee files there motion for discharge or after I hear from them. so i mean, here i sit. now I was under the impression that they do an audit to make sure all creditors were paid what they should have been paid and that they get some kind of notification that the bankruptcy is about to be discharged. but see i don't want to be judged here we had a LOT of creditors. I mean a ton of creditcards and other stuff. so that may be holding it up, i do not know. I want the discharge of course, and if it takes months for it so be it. I just want to STOP paying what I should not have to pay now. I mean someone should be on top of this. I most certainly can't be the only ding a ling in my district that has this problem

[justbroke]

A call to the Trustee's office tomorrow should help you out. Typically, they let you know that the payments -- and plan -- is completed. That's when you stop paying.

[wooisme]

yes I think I would do better talking to the trustee's office since I'm getting ready to pay NOV payment and I could say, I'm getting ready to send this, do I need to send it or not and has this completed yet cause i have heard nothing.

[bab75]

wooisme ... who is your attorney? i'm getting ready to file in your district and i don't want that attorney! hope you get things resolved!

[wooisme]

I tried to send you a private message but it says you dont' accept them. I cannot tell you on here who he is because it's not ethical for me to do so. If you allow me to message you privately on here I will tell you.

[bab75]

i can't figure it out, i wonder if it is because i just joined and i am not completely confirmed yet?

[mountanddo]

I believe you have to have at least 15 posts before you can send and receive PM messages from another member. It is set up that way to reduce spamming.

[bab75]

Ahh, got it.

[wooisme]

Ok, I just got off the phone with my case worker at the trustee's office. She is so nice! Anyway, she told me that we were fnished. I do not have to send in November's payment, that there is an overpayment. She told me the reason why I have not been notified is because the audit has NOT been completed yet, It has not even been started yet. She told me that there is only ONE girl that does the audit and that she is behind. (I guess she is if there is only one girl doing this for the whole district). She told me not to worry, don't send the payment and when the audit is done, I will hear from them with the steps. If I have to pay more, if it's short, etc.

It just would be nice if "someone" would let people know what is going on after they pay their last payment, especially if they are behind in the audit. I guess there are so so so many people that have filed etc that they don't have enough manpower or time to notify people of the steps and I guess they figure if you want to know you will call your lawyer or call them.

I guess this is why the lawyer didn't answer because he already knows they are behind.........it would have been nice if he would have just told me this instead of me getting all upset.

I'm in the Virginia Beach Area bab so if your not in the Norfolk/Virginia beach area you wouldn't have a thing to worry about concerning picking this lawyer. But to be honest with you I think they are all probably the same.

I want to thank you all for listening to me. I got some very bad news yesterday about a friend that our family knows. He was meeting my brother for a hockey reunion and on the way to this reunion he got into a serious car accident and DIED! So my brothers have fallen apart and I'm heart broken for Mike's family and his little children and for my own brother's. So please excuse me if I was a little rough yesterday.

[bab75]

glad you got the info you needed! sorry to hear about your friend! yes, i'm in nova so i guess it wouldn't be the same. either way, though, we are both in the eastern district.