Ch13 Tfs Billpay

[Jhn199]

Hey y’all, I’m coming up on completing my payment on 3/15/21 On tfsbillpay it says I paid one amount but my attorney said on their end that I’ve paid more than what’s shown on their and I actually overpaid for the past two years so I had to readjust my last couple payments. I’m just afraid if I leave this alone with tfs bill pay showing a different balance of it affecting my discharge. Will I be alright if I go by what my attorney says? I adjusted it to what he said which will have my balance paid off on their end but it will show different on tfs.

[justbroke]

You may or may not be alright based on what your attorney says. The only thing that matters is what the Trustee has in their records. Having wrote that, TFS may actually have the wrong monthly amount. It could be that you had a step plan or because, at some point, your plan was modified but TFS was never updated. So many reasons.

At the end of the day, the Trustee's reconciliation and "final accounting" will be the real number. I would look in one of my Trustee's 3 systems and one had me paying creditors 100%. The other had my plan base wrong. In the end, it worked out for me.

Welcome to BKForum!

[Jhn199]

My attorney said that he looked into the payment when I spoke with him two months ago and said he saw on tfs and I believe the trustee’s system that I paid more than what’s showed on tfs. I’m just afraid of it not being accurate and was wondering if I should make my last payment in March more than what I’m paying to make it reflect the total balance that I’d be paying. It will only be an extra 300 but I don’t know if it causes a problem to over pay. I just want to make sure I get a good discharge and nothing go wrong. How could I see what the trustee sees to make sure I’m paid current and going to be completed with the right amount?

[justbroke]

The Trustee has their own internal accounting system that you would not be able to see. The only way to tell what the Trustee truly believes the status of the balance, is to ask the Trustee's accounting office. The worse case is that you underpay and the Trustee says that you need to pay that shortfall / difference.

[Jhn199]

So I should call the trustees accounting office and ask what the balance paid is? And if I was to make a payment for the remaining balance on the 15 (on top of the scheduled) to make tfs show what the balance is supposed to be. Would it be bad to over pay?

[justbroke]

The Trustee's accounting office may or may not speak with you. Generally, the Trustee's office won't speak to represented debtors. But, it may be worth a try. Whenever a Chapter 13 is overpaid, the Trustee refunds the money. However, it can take 30-90 days after the last payment for the Trustee to reconcile their records and send the refund.

[Jhn199]

Alright. In your opinion, should I play it safe and pay the extra despite that my attorney is telling me that my last payment of 100$ In March will complete it or just leave it alone?

[justbroke]

I would leave it alone if your attorney already instructed you what to do. I know how... frustrating?... it can be at the end. I was so worried about my last payment and hoping that my so-called "Plan Base" was correct. To be so close to the end and feeling like you can't do anything but wait, is a feeling that I endured both near and after my last payment. But oh, what a relief it was.

[Jhn199]

Yeah that’s my problem is, my plan base is 10,8 and I have 10,3 paid according to tfs which after this month and next month I’ll have 10,5 paid but my attorney told me I over paid one extra payment each year the past two years according to what he saw on the trustees records

[TexasD]

In late June of 2019, I started a chapter 13 that paid off at 100% due to a house I inherited from my mother. The trustee received the proceeds which wiped out the chapter 13 on October 26, but the discharge did not get signed until February 1. On March 8th, I emailed my attorney since I still had not received a refund. I finally received my $25K yesterday since trustee did not want to release the funds. Without my attorney's intervention, I would still be waiting.

[Jhn199]

I honestly had no idea you even get money back after the bankruptcy is over lol. I’m signing my paper and mailing it out tomorrow so I can get my discharge and finally be done with this.

[TexasD]

I got money back because I sold the house I inherited from my mother in 2016. That loss of income led to the bankruptcy. It also gave me the ability to sell the house for more than what I owed and get back $25K. If not for the inheritance, I would have qualified for Chapter 7 due to means test.