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Notice of final cure payment 4 months past completion date

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    Notice of final cure payment 4 months past completion date

    Without dragging up an old thread I'll just post this here. We made our final payment in January, our plan was completed at the 3 year mark in March, certification to obtain discharged was filed 3/14/14 and then nothing for 3 1/2 months. Today finally some activity on pacer. The trustee has filed a Notice of Final Cure Payment for our mortgage. Does this mean what I think it means? Will we be getting our discharge soon?!

    I think I'm in the same boat as everyone who is this close to discharge and that's freaking out about every possible thing that could go wrong. We're current on the mortgage so I'm not worried about that, just worried about anything and everything else that could go wrong.

    Will we be getting one of these Final Cure things for each creditor or is it just primarily the mortgage? Keep in mind the cars were paid off outside the plan so I don't think they would send them a notice.

    #2
    Bankruptcy Rule 3002.1(f) requires the trustee to send out a notice of final cure for mortgage arrears. The lender than has 21 days to dispute the assertion. This only applies to lenders who are secured by the debtor's principal residence.

    Once the 21 days pass (assuming no arguments from the lender - usually not an issue) and all other things necessary to deem the Plan completed have happened,(plan payments and submission of tax returns if such submission was required), the trustee should issue his/her notice of completed plan (local procedure may vary). You need to make sure you have taken the second (debtor education) class and have filed the certificate of completion for the class. You also need to verify if there are any other documents you need to sign/file. Once all ducks are in a row the court can enter the discharge.

    Des.

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      #3
      Thanks Des,

      We have already taken the second course and signed and returned the domestic support obligation. We will be mailing July's mortgage on the 2nd so I'm hoping that there are no weird snags because the payment wasn't received exactly on the 1st. Who knows. I just hope this goes quickly....like a bandaid.

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