Case status says "COMPLETED", please advise!!!

[hanginginmd]

So we have now paid into our plan more than the base required and on the 13DATA CENTER website the status of our case has changed from "ACTIVE" to "COMPLETED". However, the 5 year anniversary of our filing is still 6 weeks away. I don't understand why it would change to "COMPLTED" when there is still time to go and our base plan amount is much less than our total debt. Any insights would be appreciated.

[indy4wins]

Hello:

I'm kind of in the same situation; My plan base was paid for on 8/3, and the website indicated that I was completed on 8/31; In Maryland, I'm pretty sure the rule is for everyone that you must stay in the plan for an applicable period of 60 months, so what that means is you will probably have to keep paying on the plan until the Stop Wage Order comes along; I got mine and my Affidavit for Domestic Support Obligations the week of 10/8 as my plan completion date was 10/3; The good news is that the month of September is when the Trustee did my audit, so that part got out of way in advance; You might want to call the Trustee's Office and sorta go over with them what the next steps are; That might help to have your case to start moving to completion even though you still have 6 weeks left; Once you get to 6 weeks from now, your case might be ready to be closed out; Just a suggestion; Have a nice day;

[LadyInTheRed]

If you are represented by an attorney, the trustee may not be willing to talk to you. Call your attorney and find out when you can stop payments. Do not stop making payments unless you are told by your attorney or the trustee that you can. If you make more payments than required, the excess will be refunded to you.

[indy4wins]

In my case my attorney doesn't want to help me and the Trustee's office knows that. That's why I've been calling them during this process. When I call my attorney, the 1st thing he says is to call the Trustee. The case administrator from my Trustee's office has been very helpful over the years. They know who the good and bad attorneys are.

LadyInTheRed:

How is the completion of your case progressing?

[kornellred]

There seems to be some confusion about what month the initial Chapter 13 payment applies to. It must have something to do with when during the month the petition gets filed (early in the month or late in the month) and the arrival of the initial payment in the trustee's office, which is due within 30 days of filing. From all that I have read, payments are due before the 1st day of the month to which it applies. For instance: my Chapter 13 was filed on 03/03/2008. I sent the payment to the trustee. I assumed it was for April 2008, so I considered my Chapter 13 plan as beginning in April. My plan was for 54 months, and I made my final payment in August 2012, which was 53 months from my assumed starting month, but it was my 54th payment, which completed my plan base. My case was noted as "completed" on 08/21/2012 and "closed" on 09/06/2012.

A Chapter 13 plan is defined by the number of payments, not necessarily the number of months, in all but a couple of states. That is why there is often a disparity between completion of the plan base amount (in "base" plans only) and the actual calendar month of completion. Usually, it is only a matter of a few weeks at most.

If 13 DataCenter lists your plan as "complete", it means that the trustee has noted that your plan base amount is satisfied. You will receive a written notice in the US Mail to that effect, telling you to stop sending payments to the trustee unless your attorney advises you to continue. The notice will also counsel you to provide a copy of the notice to your employer if your payments are made via wage deduction. You will receive a refund of any amount in excess of the plan base amount. Then - it is simply a matter of waiting for the discharge - which can take up to 4 months past the completion of the Chapter 13 plan.

[LadyInTheRed]

LadyInTheRed:

How is the completion of your case progressing?

Completion? I'm far from completion. Just made payment 30 of 60. All is going well.

[indy4wins]

Sorry about that; I meant someone else; I'm glad everything is going well for you;

[arlington]

Question.....if my official last day was October 1, 2012 - will "they" continue to take the deductions from our pay check until we receive an actual letter to give to the employer? And if the deductions go past October 1 - will we receive a refund?

[indy4wins]

The answer is "yes" and "yes, maybe"!

[kornellred]

arlington - if your payments are made by wage deduction, they will continue until you give your employer the letter from the trustee, which allows them to legally stop making the deductions. You absolutely will receive any overpayments back from the trustee. The trustee has no choice because the amount of your plan base (only if you actually have a "base" plan - there are other types of plans) is specific and spelled out in the plan confirmation document.