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Anyone from the Eastern Virginia District...have questions on discharge

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    Anyone from the Eastern Virginia District...have questions on discharge

    Hi,

    I finished my plan in September and payments sent to creditors in September. I have an overage in my account. I still have not gotten the discharge yet nor the overage.

    I was told by my lawyer that the trustee says to stop making the payments because of the overage and that he (the lawyer) was sending an email to request to them to file with the court that the plan payments have ended. this was about ....hmmm, three weeks ago.

    Still nothing! Although I have the email from the lawyer with what he said because I didn't make another payment and put it in savings.

    My question is this: Are the trustees offices in the Norfolk, Virginia offices behind in their audit procedures and are the judges behind on the discharging of cases.

    #2
    Have you checked PACER to see if anything new has been filed with the courts? I'm not even halfway into my 13, so I am totally clueless as to the end-of-plan procedure, but I'd start with PACER.
    Filed Chapter 13 on 2-28-10. 341 completed 4/14/10. Confirmed 5/14/10. Lien strip granted 2/2/11
    0% payback to unsecured creditors, 56 payments down, 4 to go....

    Comment


      #3
      the data center shows september payment, shows them paying the creditors in sept. plan met.

      pacer says nothing new

      then looking at it now, no payment to creditors since sept, plan funded. then it shows oct and nov payments i made. overage.
      pacer shows nothing, no filing of any motions. i'm getting sick of this shit

      Comment


        #4
        Your bk lawyer needs to ask your trustee for a status on the audit along with an anticipated date when the audit will be completed and your discharge processed. Until your trustee moves and finishes the required audit, you're stuck swirling in the toilet waiting him/her out.

        Unfortunately some local courts are far behind processing their 13s. Sad to hear yours apparently is one of them. Call your lawyer again and get him/her on it.
        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

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