Should I stop sending payments?

[TrainWreak]

I have made 36 of 36 payments. My attorney has always responded and has done a great job on my 13. I don't want to bother him needlessly though.

My order stated that immediately from 8/12/2009 to start sending payments. All have been sent, received and payed to creditors except a $5.00 balance remaining on the account in National Data Center.

I contacted my attorney with other questions a few months ago and he noticed that I had approx. 5 months left and said that the Trustee will file a report when the plan is complete and that would start a time line for closing my case. After he gets that he will send me a motion for discharge and so on.

I just don't want to assume anything. My gut says don't send any more payments.
What do the gurus and experts think please?

[LadyInTheRed]

Call your attorney and ask if you can stop making payments. That would not be needlessly bothering him.

[TrainWreak]

Thank you Lady. I will give it a few more days before I do though.

[HHM]

Yeah, you need to call your attorney on that one. Chapter 13 practices vary. Don't worry, any additional payments you send you will get back. You just don't want to trigger a plan default automatically and then have to sort that out as well.

I suppose you could also call the chapter 13 office.

[katztoo]

We sent our last payment this month, and just after I saw it posted on the data center we got a letter from the trustee saying not to send any more payments.

[99lawdog99]

Every attorney I ever dealt with that did BK said the same thing, and that is to keep paying until you are told to stop even if you pay more than owed, you'll get a refund.

[TrainWreak]

On Datacenter today the case status went from "active" to "plan completed"
A six month statement is due for february - July so things are moving along.
I may still call though. Thanks everyone for your input

[JenR]

I'm 31 months into a 36 month plan (in northern California), and asked my attorney this very question not too long ago. What he told me is to NOT make payments after the 36th payment. He said "it will just be refunded to you anyways, and my assumption is you have better things to do with it since you've been in this plan for 36 months". He reiterated, as long as you've made ALL 36 payments (of a 36-payment-plan) it is not necessary to continue paying.

[TrainWreak]

Yes I just cannot bring myself to send in more payments when datacenter says plan completed and case closed even though I know it is not closed officially yet. If I find out I should send in more I will post that.

[TrainWreak]

The Trustee filed a report to the court yesterday of plan completion, request for termination of wage order (I am self pay), and notice concerning discharge. I have 21 days to file the motion for discharge. That will come from my attorney to fill out and mail back then he files it with the court.
Moving along!