3 months left on 5 year bk. I have question plz

[lakegamer]

Hello all. Five long years. All payments on time. Counseling done. 3 payments left.

My family lives in a small town. Small school district of one school with about 280 kids. I was just elected to the board. I thought it was a volunteered position. It just meets once a month. I still have the same job I had when I started this process. Just found out the school board has a small stipend of 120 a month.

So it's far less than 10 percent of what I curently make , and I just too, the position to help in the community, the bk process was not on my Mind. Now though, I am worried. Have I made my life move complicated? Do I have to make more notifications to the court ?

Also what happens after your final payment?

Thanks.
Lake

[justbroke]

Just let your attorney know. I don't think the Trustee would even care and that's if your attorney thinks it's enough to warrant notice to the Trustee!

I don't have the specifics for obtaining a Chapter 13 discharge in California since some Districts require more than just the certification of the 2nd financial management class, and the certification on domestic support orders. Also, if you're under a Wage Deduction Order, then you may also be required to get that terminated, unless the Trustee does it in your District. Definitely seek out your attorney! This is what they are paid for (the payments in the plan)!

[dmc-2008]

Congrats on being so close!!!

[jmac]

He will never know, since your BK will finish before tax filing.

[justbroke]

He will never know, since your BK will finish before tax filing.

I must repeat that you should never hide anything form your attorney and never do something to jeopardize a Chapter 13 for which you've been in nearly 60 months.

Discharges are denied more often than you think. Not to mention that most people actually don't get a discharge in a Chapter 13. I can neither advocate nor condone hiding anything because they "will never know".

justbroke's thoughts: A discharge can be revoked up to 1 year after it is entered and there was fraud. Fraud can include the non-disclosure or surrender of assets that were property of the Estate under the terms of your Plan. If you're not in a 100% plan, you pledge all disposable income and to turn it over to the custody and control of the Trustee for administration to the unsecured creditors. While I'm being hypertehnical, I'm also being very conservative. A discharge of debt is a precious thing. A discharge which you waited 5 years to obtain, is even more precious.

[LadyInTheRed]

I agree with justbroke. Tell your attorney about the stipend so it can be disclosed to the trustee IF required. The worst thing that will happen is that you will have to turn the first couple of stipends over to the trustee. Any required notifications will be a lot less disruptive than having the trustee find out about it on his own.

[jmac]

My lawyer told me let the trustee figure out you owe him, since he wont see your tax return from next year i wouldn't even sweat it.

[justbroke]

My lawyer told me let the trustee figure out you owe him, since he wont see your tax return from next year i wouldn't even sweat it.

In your case, you talked to your attorney! That is what is required that you communicate with your attorney and let your attorney advise you on what to do. Unfortunately, telling other people that "your" attorney told you to let the Trustee figure it out, is not the same thing as just letting "him" figure it out. This is why we are cautious about what one attorney may say in an entirely different District and/or Trustee. The key is that you communicated the change to your attorney. Whether or not your attorney believes you need to disclose this to the Trustee is a legal question for your attorney to answer.

[jmac]

Fair enough! sorry for the bad info lakegamer.

[justbroke]

jmac, is wasn't necessarily bad as you were communicating what your attorney told you. It just had no context. I think other posters want to hear from others like you who have gone through the same exact issue. I would have just written the post differently but still conveyed that "my" attorney advised me to just do nothing.