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Almost done, but I have questions...Help!

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    Almost done, but I have questions...Help!

    Finally it's almost done! Constantly checking NDC for updates & PACER has been a nightmare - i can't get logged in at all, keep getting an error message that there's a problem with my account, emailed them - it's all driving me crazy!
    Here's my situation...3 years ago I surrendered a car while in Ch 13, plan was modified by attorney/trustee, monthly payment was slightly altered. NEVER been late on payments, they're payroll deducted. As of today, I'm seeing some changes in NDC - Plan Base I met weeks ago, now says $0, Claim Summary is showing a "Debtor refund" claim (still showing zero dollars). Now seeing a Pay Scheduled tab that is showing a negative $7669.95 Total deliquency Amt (in other words overpayment in the plan). Balance on hand is $1577.76.
    I'm assuming the huge surplus has to do with the fact that I still owed on that surrendered car, and the plan base amount wasn't altered when the modification was done - am I assuming correctly?
    My attorney has been in contact with the trustee & my attorney has told me that I will be done sooner - I am currently in period 58 of 64.
    Has anyone else here had a similar situation? Is the discharge just around the corner? How soon can I expect the payroll deduction to stop? I am SO ready for a full paycheck - it's been a LONG 5 years!
    Thank you in advance for the insight/advice!

    #2
    We ended early since some of the creditors did not file a claim. Once the debt was paid off the trustee had to file for an order and then my attorney sent me a congratulations letter that we had made it through the BK.

    I had a great attorney and they sent me a copy of the order to stop the payroll deduction so I could forward it to my HR department and they stopped it immediately. I hit the right time of the payroll process so no further payments were sent out.

    I know other people have waited longer and their trustee notified the payroll people so it was not as fast of a process compared to mine.

    Bottom line is payroll won't stop under the order is put in the court and they are informed. Maybe ask your attorney how they handle it. You can tell them my scenario, friend in Ohio had the attorney email a copy of the order and then the friend forward the email to HR... and ask how it's handled by your attorney/in your state.
    I am not an expert. I just share my experiences in the Wonderful Wacky World of Chapter 13! Filed 3-30-18 Confirmed 7-11-18 Discharged 6-8-22

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      #3
      Thank you for the info! I'm hopeful I will receive the order to stop payroll deductions soon; I'm just ready to put this behind me!

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        #4
        Pacer customer service is very good. Had the same problem and they walked me through

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          #5
          As of today 10/11, still nothing from the trustee...attorney said she'd send an email if she didn't see something come thru this week. I'm anxious to get this done, or atleast the payroll deductions stopped. Still have a balance on hand of 1853.89 now, and today another deduction from my payroll check will have it to 2107.70 next week. I've played around with the exports in NDC & the claims are all showing $0 principal owed, only thing the trustee has paid is the mortgage on 9/1 & 10/1. I check NDC & Pacer everyday...And everyday I get more frustrated & disappointed Has anyone had any luck with contacting the trustee? Or should I just keep pushing my attorney?

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            #6
            You are represented so keep up with your attorney. The Trustee has a process and they will follow that process for stopping plan payments, filing the notice of plan payment completion, other things, and the final report. The discharge will not come until the Trustee does an initial audit and determines that all plan payments (the plan base) are complete. Then they'll file the notice of plan payment, then likely a 30-day notice for creditor to file any objections to discharge. The process seems slightly different in each district and each trustee may have a specific way they like to time things.

            Hopefully they stop the payroll deduction but since you seems to be 8 payments early from completion, I'm sure they are making sure everything is correct.
            Chapter 7 (No Asset/Non-Consumer) Filed (Pro Se) 7/08 (converted from Chapter 13 - 2/10)
            Status: (Auto) Discharged and Closed! 5/10
            Visit My BKForum Blog: justbroke's Blog

            Any advice provided is not legal advice, but simply the musings of a fellow bankrupt.

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              #7
              I agree to stick with your attorney and not the trustee. If your attorney feels that everything is going ok, as it should, they are usually correct and we worry more than we should. At least that is what I told myself when I would get anxious or want things to happen at a faster pace!
              I am not an expert. I just share my experiences in the Wonderful Wacky World of Chapter 13! Filed 3-30-18 Confirmed 7-11-18 Discharged 6-8-22

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