Question about the last plan payments

[kayday]

By the last report I got from trustee I should have one more full payment of 449 and then only owe 213 more. Will they still take out the 449 on the second check or just the 213? Will the payments then stop and I get the more over back? When does the payments end?

[justbroke]

If you have a Wage Deduction Order, it is highly likely that they will take the same amount. The amount never varies unless the order has changed. Additionally, since you are SO CLOSE to being done, your attorney should have already filed a Motion to Revoke/Vacate Wage Deduction Order! If you don't get that new order revoking the wage order, your employer just might continue to make the deductions and send them to the Trustee! (I speak from experience. My employer sent another $13K+ to the Trustee because they would not stop until they had an Order from the court specifically ordering them to stop!)

I would certainly get in contact with my Attorney and ask them how the case gets spun down.

(I would even end the Wage Deduction early and pay "manually" for the last 2 payments. That way, you don't have the issue I had. My issue was affecting my mortgage payments since they were going to the Trustee, but the Trustee stopped paying everything)

[spidge]

From what I have seen on this issue is the trustee will not stop any payments from you until the last check to the creditors have been cashed. I am sure there are exceptions, but that seems to be the norm. Seems many on here end up paying for a couple extra months before all the checks to the creditors are accounted for and cashed, then the review will result in a refund to you.

Sucks, but hopefully you can use your attorney to be pro-active and stop it on time.

[justbroke]

spidge, you can actually file a Motion to Revoke/Vacate Wage Deduction Order. in my District, the Trustee doesn't file this! It is the responsibility of the Debtor or Debtor's Attorney to file the Motion and Proposed Order. I think this is where Chapter 13 debtor cases, that are closing, get messed up. There are a bunch of case closing procedures that must be followed. In some Districts, the Debtor -- or their attorney -- must even file certain certifications including a Domestic Support Obligation (DSO) statement as well as a Motion for Entry of Discharge!

It's all procedural things and it seems that it gets messed up often. The debtors still end up getting their discharge, but the paperwork isn't always done at the right time.

I would speak with my attorney about the Wage Deduction Order and how to get it revoked/vacated.