4 months and no notices yet

[SuperBee4406]

We made our last payment in September 2012, and the last disburtment was made at the end of that month. Now its January(4 months since last payment) and we have not reiceved any type of notice of anything from our trustee. Money is still coming out of our paychecks. We called our lawyer and they keep saying anyday now. So when will the discharge come? Our trustee will not take any phone calls. 13datacenter still has us at "Active case" for status. And the ledger shows our payments pilling up.

[katztoo]

Thats crazy! We got a notice from our trustee to stop sending payments after they received our last one. You need to get more forceful with the attorney to notify the trustee to stop making withdrawals. Maybe if you post your state someone in your area can help you through their experience. If you look at my signature you can see the timeline for our discharge after last payment.

[azdebtor]

Superbee,

If this isn't too personal, do you still have your namesake car? If so what condition is it in and what did you have to pay into your BK13 in order to keep it? Did the TT even know what it was?

[SuperBee4406]

Update: As of Feb. 4th, 2013, we are still waiting for our Discharge. I was looking over our paperwork and the judge confirmed our plan on Jan 22, 2010 for 3 year plan. We started paying earlier around August 2009. Our last payment into the plan was Sept 2012. They are still taking money out of our paycheck. We live in Maryland.

[LadyInTheRed]

If I were you, I'd call my attorney again and ask him to contact the trustee and find out when they will file a notice of completion of plan and stop the wage order.

[sofarsogood2]

If you live in Florida, there is a form the debtor must fill out at the end of the plan to get the final order. It is a relatively new form that I had to bring to the attention of my attorney.
We were waiting and waiting and I found the form on the court's website.
We got our final paperwork shortly thereafter.

[chicagoed195]

What did your wage order actually say? Mine was very specific 41 payments @ xxxx and 19 payments @ xxxx+. It may be that you just need to contact your payroll department to have them stop withholding. Obviously, this wouldn't be the case if the wage order was an open ended order, until furthur notice.

[satchboogie]

If you live in Florida, there is a form the debtor must fill out at the end of the plan to get the final order. It is a relatively new form that I had to bring to the attention of my attorney.
We were waiting and waiting and I found the form on the court's website.
We got our final paperwork shortly thereafter.

sofarsogood

What form is that? I live in Central Florida and just paid my last payment. Can you tell me what form and show me where to get this form? My lawyer says I have no more form to fill out. But he is moved on to other things beside BK so he probably isn't up to date with everything.

Satchboogie

[SuperBee4406]

Another update: Finally pushed the lawyer to call the Trustee, since were not allowed. Lawyer got back to us and said the trustee was waiting for our 2012 tax returns. Which this will be year four of returns of a three year payment plan. We have no paperwork that states we had to keep turning in tax returns even after the 36 payments were made. Lawyer admitted to not knowing about this either. So now we did our taxes and submitted them to the trustee. So we don't know if the final audit was started or not, so might be still looking at three months of waiting for the discharge.

[kornellred]

Trustees are not allowed to make decisions on their own. If you have completed the payment schedule specified in your Confirmation Order, you do not have to make any more payments or submit any tax returns past the end of your payment schedule. I would report your attorney to the state BAR and file a complaint to the US Trustee as well.
Re-read your Chapter 13 Confirmation Order to make sure you understand it completely.