Refund For Chapter 13

[indy4wins]

Hi All:

If you're in the path of Hurricane Sandy, please be safe. I have a question. I logged into 13datacenter today and I saw that all of the accounts that were due a final payment along with a debtor refund have been paid. My case was closed on 10/4. My case administrator informed me that I would indeed receive a refund sometime during the month of November. I also noticed that I still have a balance on hand that equals a bi-weekly payment amount. The trustee told me that they would send out the entire refund in one check. Has anyone had this happen to them where they held on to a balance on hand, even though the case is being closed out. I was just wondering why they would do that. Is this because they are holding on to something in case of objections, as that has taken place as well. I'm wondering if I'll get two checks. The payment is not coming out of my check any longer as well. That stopped last week as I found that out when I got paid on Friday. The remaining balance on hand is being funded from a payment dated for 10/12/12. The status of my case says "Completed - Pending FRA". Thanks and have a nice evening all.

[memuzz]

I just finished in July 2012 with my case. Fortunately, I was discharged the same day that the termination order was issued. I unfortunately went over 5 year plan. I had problems with additional claims added to my plan which required it to be paid longer.

The completed-pending FRA is probably the trustee final report audit of your case to make sure all items have been paid for. You should contact your attorney to get the complete and most accurate information pertaining to your case. Usually the final audit is the final step before a discharge. The trustee will issue a final report to the judge handling your case. The judge will make the final discharge decision. Once the discharge is granted all money that you have overpaid will be released from the trustee back to you. I know my trustee sent out the refund checks one day a month. I had to wait close to a month after our final payment. Good luck with your case and CONGRATULATIONS!

[keepsmiling]

Hey Indy, congrats on getting thru your bk and on your new keyboard
Hope I didn't miss your hamster dance!
We in NJ are nervously awaiting the storm. How is it by you?

[justbroke]

The Trustee will generally wait until all checks have cleared. They generally give this 30+ days for this to happen. When the payments (incoming and outgoing) no longer happening for "some" period (about 30 days), then they issue the refund. My Trustee told me so that they only issue one final check to the debtor. They held thousands (over $13,000) of my money at the end because my Wage Order was still active and my employer was still sending over $5.8K/month to them. Oops! I had to BEG to get the $11,000 from them because I had to pay my mortgage! They ended up sending 2 checks in my case.

So you won't know if you're getting two checks, until you actually get two checks; or you get one, and there is still a balance.