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Notice of final cure payment---are we there yet?

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    Notice of final cure payment---are we there yet?

    Hi,
    We filed 3/31/2010 for a 60 month CH 13. We made all of our payments to the trustee on time and made our last payment 3/2/2015 (yep it was a bit early, but I was anxious). I called the trustee, who said our case would be reviewed in April. April 1 we began to stalk the mail woman. 4/6/15 we received a "Notice of Final Cure Payment" in the mail. After we did a happy dance for a bit, my husband and I had a good old time reading the document and the silly legal jargon over and over and it was a good ol' time.

    It states "Within 21 days of the service of this Notice, the creditor must file and serve same on the Debtors, Debtors' counsel and the Trustee, pursuant to Federal Bankruptcy Rule 3002.1(g), a Statement indicating whether it agrees that the Debtor has paid in full the amount required to cure the default and whether, ........blah blah blah...."

    It states that they served the notice to our mortgage company. So, now we wait 21 days for them to respond.

    I was expecting to receive the paperwork from the Trustee to sign stating we took our 2 classes and that we don't owe any child support. Will that come after the 21 days? On NDC our case states "Active". I do not have a Pacer account, but need to find out how to get one. I read about an additional 30 days for creditors to object from Lady in Red. Is that part of this 21 days or a different waiting period?

    It has been a tough 60 months. We had to modify our plan at one time to surrender our investment property, we had our attorney disappear off of the face of the earth, and had to pay a new one to take on our case, and we fell behind on our mortgage payments post petition (but were able to get caught up during our plan and are current now).......so I have a lot keeping me up at night worrying about how this will all shake out with our discharge, and whether we have more problems to deal with with our mortgage afterward. We did a 2nd lien strip, which I hope in the end will work out to put us in a position of equity in our house. That is the plan, anyway, if we don't have trouble for the period of time we were behind on payments.

    I have read though other's posts, and am of course curious to know when it will all be over for us and we receive the discharge papers. We are in Denver district.

    I plan on calling the attorney to ask if there is anything else we can be doing to expedite the process.

    Any information from other's experience would be appreciated as far as timeline after completion of payments in Denver until Discharge. Also, how likely is it that the mortgage company will hassle us for the time when we were behind on payments to them during our plan? I just really want to close this chapter of our lives and start fresh. It has been a lonnnnnggggg 60+ months.

    Waiting, waiting, waiting.....

    #2
    I gosh but you are about to cross the finish line! Good luck! I think it will work out or you would have known by now!
    Discharge date: October 2017 (will it ever get here?)

    Comment


      #3
      I don't remember the context of the 30 days. I may have been reading local rules for a particular court.

      Are you sure it is the trustee who will send you the paperwork to sign? That will vary by court. Definitely ask your attorney.

      The mortgage company can't cause any trouble for you because you were late in the past. You are protected by the automatic stay. They can only make trouble if any amounts remain delinquent. The notice really is to protect you so that as soon as you are discharged, the lender can't start calling you claiming you are in arrears. If they think you are, they need to speak up now while you have the protection of the automatic stay to allow you resolve any issues.

      Congratulations on geting to the end. Hang in there. It'll be over soon!
      LadyInTheRed is in the black!
      Filed Chap 13 April 2010. Discharged May 2015.
      $143,000 in debt discharged for $36,500, including attorneys fees. Money well spent!

      Comment


        #4
        Lady in the red, That is great news that I should be in good shape with the mortgage company! I am so ready to be done and have a fresh start, and don't have much more in me to keep up this struggle. Phew! What a relief! I am glad to be caught up now.....Phew!

        I called the attorney and the legal assistant said that the paperwork to fill out that states we did the course and that we don't owe child support will come in the mail from the trustee. She said that it usually comes 30 days after your last payment. She said that the rough estimate for the discharge is 60-90 days from the time that they electronically file that paperwork......So, I will still be stalking the mail woman and as soon as I get those papers, I will hand deliver to the attorney office! I hope it is less than 90 days........I just hope hope hope!

        dmc, Thanks! It looks like you will be done with your plan relatively soon! Good luck to you!

        I am so appreciative of the advice I have received on these boards through this process!

        Comment


          #5
          Why kind of trouble can the mortgage company cause if one is delinquent? Can that delay discharge?

          Comment


            #6
            Originally posted by mylife View Post
            Why kind of trouble can the mortgage company cause if one is delinquent? Can that delay discharge?
            "Trouble" was probably a poor choice of words. This is the mortgage company's opportunity to say whether it agrees that the mortgage is current. If they say there are delinquent amounts due, and either the debtor or trustee disagrees, then the debtor or trustee can ask the court to determine if there is a delinquency and, if so, what amount is required to cure it. I do not know if this would delay the discharge. I have no experience with this. I am just reading the Federal Rule: https://www.law.cornell.edu/rules/frbp/rule_3002.1

            I found what must have been the 30 days I referred to in another post. The trustee must send the Notice of Final Cure Payment within 30 days of the debtor completing payments under the plan. Once that notice has been sent, the creditor must respond within 21 days.
            LadyInTheRed is in the black!
            Filed Chap 13 April 2010. Discharged May 2015.
            $143,000 in debt discharged for $36,500, including attorneys fees. Money well spent!

            Comment


              #7
              Thanks for clarifying! Why would the trustee care if it's current or not?

              Comment


                #8
                Originally posted by mylife View Post
                Thanks for clarifying! Why would the trustee care if it's current or not?
                If the trustee was supposed to pay arrears during the plan and did not pay all of it, then he/she may have to disburse additional funds to the mortgage company. Any disagreement on the amount due to be paid through the plan needs to be resolved before the trustee closes his/her books.
                LadyInTheRed is in the black!
                Filed Chap 13 April 2010. Discharged May 2015.
                $143,000 in debt discharged for $36,500, including attorneys fees. Money well spent!

                Comment


                  #9
                  Thanks Lady! I get that part, so the trustee isn't concerned about delinquent payments that are paid outside the plan?

                  Comment


                    #10
                    Originally posted by mylife View Post
                    Thanks Lady! I get that part, so the trustee isn't concerned about delinquent payments that are paid outside the plan?
                    I really don't know for sure if the trustee would care. If the creditor doesn't pay mortgage payments during the plan, he/she technically didn't comply with the Chap 13 plan. But, I don't know if a trustee would raise the issue.
                    LadyInTheRed is in the black!
                    Filed Chap 13 April 2010. Discharged May 2015.
                    $143,000 in debt discharged for $36,500, including attorneys fees. Money well spent!

                    Comment


                      #11
                      Thanks Lady!

                      Comment


                        #12
                        suzychapstic.. I debated whether to post or not because I am in the western district of PA but I am very frustrated with this process and hoping you a much quicker discharge.
                        This is my case history:
                        Last Pmt /wage garnishment / 2nd week on Nov. 2014
                        12-1-14 NDC showing case closed
                        01-13-2015 Notice of Final Cure Mortgage sent out . They had 21 days to respond which apparently does not include weekends. Ughhh
                        02-03-2015 Final Cure Response notice received
                        02-24-2015 Application for approval of final report & completion of Chapter 13 /Trustees Final Report
                        02-27-2015 BNC certificate of Mailing / creditors notified they have 30 days to respond (not including weekends) .They had until 4-10-15

                        So this Friday is the deadline. I never imagined this would drag out this long. I am happy to be done , I am thankful for the plan I was given & able to complete blah, blah but enough already.. I didn't think I would be this anxious for the discharge and really its just a piece of paper but I want it discharged...
                        So although yours may be different this is my case history for whats its worth.
                        Those who live in glass houses should not throw stones
                        Chapter 13 filed 10-21-09
                        Discharged 4-13-15

                        Comment


                          #13
                          Klandsb,
                          Wow! I am sure you are so ready to be done! I think it would be nice if the discharge came at 60 months, or at least if we knew a date when it would be over when we filed. When I filed I thought 5 years, I can do that, I have paid on cars that long...... But this has been a whole different experience than being in a car loan.....

                          I hope you get your discharge soon. Hang in there. You are so close now! I still can't find any information on whether I will have the 30 day wait after the 21 day wait.....and not including weekends..... Sheesh. I am glad you told me!

                          I appreciate you sharing your timeline. I might be looking at July if I experience the same...... Well, I will keep stalking the mail woman. I got a pacer acct and already had NDC, so I will keep waiting for changes to appear there too!

                          Best of luck to you! Please be sure to post when the discharge comes!

                          Comment


                            #14
                            Thank you klandsb for sharing. We just made our last payment via payroll deduction on Friday. Our plan will end early as the original date was Jan 2016. Our mortgage arrears came out of the plan when our mortgage was modified. We are now playing the waiting game. Our attorney said it's 60 days after last payment so we'll see.

                            Comment


                              #15
                              Suzy Chapstick- I am in nearly the same boat as you were, except I have received my discharge already. What did eventually happen with your stripped 2nd mortgage? How long until you received something in writing confirming the lien was stripped? Did you ever see or receive something from the county on the lien as well? How about your credit report, how does the 2nd mortgage read? I'm hoping it will read; 0 balance paid as agreed or something similar. BTW, your missing attorney, his name wasn't Nunemaker was it? Mine disappeared too, more like disbarred...

                              Comment

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