Discharge question

[MObk1379]

The payments made by the Trustee could have been wrong.

You mean, the payments the trustee made to the creditors who filed claims?

[justbroke]

You mean, the payments the trustee made to the creditors who filed claims?

Yes, especially for secured creditors. However, this is why the Trustee performs the audit at the end to make sure that everything was paid based on the Plan.

[MObk1379]

Spoke to my lawyer about the question too; he said prior to 2005 there wasn't a final "objection period," you just received the discharge. Then "Direct Support Obligation" agencies (ie Child Support Enforcement) wanted a chance to object. So he thinks the "objection period" is really for them, but the Court says "We'll go ahead and give everybody an opportunity to object."

He said he's never had a creditor object. My guess is that it would be costly to have a lawyer fight a completed Chapter 13 plan and come to court for a hearing and probably lose. What do you all think?

[justbroke]

I would want to believe that it never happens in Chapter 13 cases with the exception of the Domestic Support Obligations, or some other frauds.

[spidge]

So it sounds like creditors rarely to never object, but how are mortgage payments and late fees paid outside the 13 dealt with. If a filer is in the final trustee audit but is a payment behind on the mortgage which had arrears in the plan would the trustee take issue?
I am a mortgage payment behind and my balance on the plan is almost to a manageable sum to do a 401K loan and be done with BK. I am currently working on post filing federal taxes owed but don't see the ability to catch up on the mortgage for some time. I know the easy answer is to contact the attorney and modify, but I hope to tackle it without intervention. The mortgage company is not taking any action yet.

[justbroke]

If you are paying outside the plan, then there is nothing for the Trustee to reconcile. in fact, anything paid outside the plan has no protection of the automatic stay.

[miramar]

Just finished my long chapter 13 plan payments.Received a letter from the trustee letting us know when to resume our mortgage payments which were included in our plan. Don't know if this is the right forum but I'm going to ask anyway. The claim for the mortgage company was 100k, our monthly payments were 755.00. The total principal paid shows 44k and the total principal owed shows 55k. Does this mean we only owe 55k on our house? Our mortgage is with Ditech and they will not give us any information on this question. Very concerned because would like to sell our house and we are not getting any cooperation from the mortgage company. Thanks in advance for any advice/answers to my question. This is my first time posting to this forum.

[jmpkcp]

Made the last payment to the Trustee in my plan on October 11th, 2016. Have not heard a peep from anyone yet. Waiting is the worst...

Filed BK on: 1/31/13
341 Meeting: 3/12/13
Confirmation: Set for 4/10/13
Plan modified: 3/31/2014

Payments made: 48 of 48

[chinup]

Made the last payment to the Trustee in my plan on October 11th, 2016. Have not heard a peep from anyone yet. Waiting is the worst...

Filed BK on: 1/31/13
341 Meeting: 3/12/13
Confirmation: Set for 4/10/13
Plan modified: 3/31/2014

Payments made: 48 of 48

It all depends on your court and trustee. It took almost 6 months to receive my discharge after my final payment. Trustee has to perform their audit, then send out letters to creditors, then for whatever reason send another letter to creditors, then after all of that send a letter to my mortgage company which to me should have been sent prior, then they send their final audit to the court and wait......