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One Payment / One Month added to Chapter 13 Plan

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  • One Payment / One Month added to Chapter 13 Plan

    I am located in the Western District of Pennsylvania. We are nearing the end -- hooray!!!!

    Our proposed length of plan has always been 41 months. We are paying by check, not wage garnishment. One month ago, with two payments left, the trustee added one payment/one month and increased the plan base by one payment.

    The Closing Order Date has always been listed as 3/6/12 and has not changed.

    Has anyone else had this happen? Is this to provide a "pad" amount before the audit?

    Should we contact our attorney?

    Our plan is to make the last payment, now in February, then to contact our attorney to find out if he needs to file anything in order to obtain the discharge.

    I have read that it can take 2 - 3 months for the discharge and 1 - 2 more for the case to be closed. Does anyone know if this is true in this district?

    So looking forward to the end.

    Any information would be appreciated!

  • #2
    No one on the forums knows!!?? It seems there is little information about "the end."

    The thing that has killed me about the whole process is that you are always in the dark. Everything differs so much from from district to district, trustee to trustee. No black and white. Some are really strict and punishing, some more lenient. It all seems to be at someone's whim. But, I am the bad guy who didn't pay my bills, so shut up and don't complain.

    It seems all the time at the end, waiting for the discharge and case closing after the final payment is like being held several extra months in prison after your time is up.

    Just wish I could get some answers and just venting. It's just that after all this time, both our cars really need replacing and I don't know if mine is going to make it the extra 4-5 months without spending/wasting money on extra repairs after the mechanic said it would be better to trade it in now. The Chapter 13 does help one to become more frugal and thoughtful about spending, however, when one's hands are tied financially, it also forces one to make bad financial decisions because one is not allowed to do anything else.

    It's all good. It's almost over.

    Comment


    • #3
      Originally posted by SiftedLikeWheat View Post
      I am located in the Western District of Pennsylvania. We are nearing the end -- hooray!!!!
      Congratulations!


      Originally posted by SiftedLikeWheat View Post
      Should we contact our attorney?
      Absolutely

      Originally posted by SiftedLikeWheat View Post
      Our plan is to make the last payment, now in February, then to contact our attorney to find out if he needs to file anything in order to obtain the discharge.
      Call now. Don't just make an extra payment that you don't understand the reason for.

      Originally posted by SiftedLikeWheat View Post
      I have read that it can take 2 - 3 months for the discharge and 1 - 2 more for the case to be closed. Does anyone know if this is true in this district?
      Your attorney will know.

      Originally posted by SiftedLikeWheat View Post
      The thing that has killed me about the whole process is that you are always in the dark. Everything differs so much from from district to district, trustee to trustee. No black and white.
      If only the law were always black and white! It's your attorney's job to explain things you don't understand. It sounds like either you have a lousy attorney or are too reluctant to call when you have questions.

      Originally posted by SiftedLikeWheat View Post
      It seems all the time at the end, waiting for the discharge and case closing after the final payment is like being held several extra months in prison after your time is up.
      You got this far, you'll get to the end before you know it!

      Originally posted by SiftedLikeWheat View Post
      Just wish I could get some answers and just venting.
      This is a great place to vent and to get some answers. But, it is not a substitution for your attorney. Your question about the extra payment is very specific to your case. Members of this board can only guess at the possible reasons which will do you no good. As far as district procedures for closing Chap 13s, I suspect the number of members who have finished a Chap 13 in your district is low and the ones that exist probably don't come to the board very often, if at all. Maybe one will still come along and see your post. But, your need to call your attorney anyway and he should have a good idea of how long it takes to discharge and close the case.

      Originally posted by SiftedLikeWheat View Post
      It's all good. It's almost over.
      Yes! Keep up that kind of attitude. Dancing hampsters are in your near future!
      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
        Thanks a lot. I read between the lines that you think I should contact my attorney (ha ha!). We are always afraid to contact anyone, because we want to lay low and not draw attention to anything, but an email at this point couldn't hurt. Thanks so much!!! Yes, I would greatly enjoy dancing hamsters (everybody's suffering/ooops, I mean shuffeling!!!!)

        Comment


        • #5
          LOL! I like to double space my lines.

          You should never fear contacting your attorney. Your attorney works for you. You can ask him questions and still lay low. It's the trustee whose attention you want to avoid.
          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


          • #6
            If and when I ever find out, I'll post what happened. Thanks!

            Comment


            • #7
              The attorney does not know why they increased the plan by one month. He said to go ahead and make the final payment they added, then make no more. He said then he will start the process for getting the discharge orders entered and the case closed. He said the trustee uses a computer calculation to determine the plan base. He indicated what is important is that we show that our payments have reached the plan base amount.

              Once this is over, we may find out it was a mistake. The last disbursements to our creditors were small, meaning they have probably been paid in full.

              No matter what, we are getting close now. There is hope!!!!!


              [It may not be hell, but it has, at times, felt like it!!!!]

              Comment


              • #8
                Were you in a 100% plan and that is why you were in a 41 month plan? Possibly someone did the math wrong and it ended up they needed that extra payment to make it complete?

                Just as a side note: You'd think your attorney would of said "I don't know but I'll find out" rather than just "I don't know, make the payment".
                Filed 11/17/11 Chapter 13, 341 meeting 12/21/11. Plan confirmed 1/19/12 - DISCHARGED 12/16/15

                Comment


                • #9
                  Originally posted by SiftedLikeWheat View Post
                  The attorney does not know why they increased the plan by one month. He said to go ahead and make the final payment they added, then make no more. He said then he will start the process for getting the discharge orders entered and the case closed. He said the trustee uses a computer calculation to determine the plan base. He indicated what is important is that we show that our payments have reached the plan base amount.

                  Once this is over, we may find out it was a mistake. The last disbursements to our creditors were small, meaning they have probably been paid in full.

                  No matter what, we are getting close now. There is hope!!!!!


                  [It may not be hell, but it has, at times, felt like it!!!!]
                  I'll keep my fingers crossed that you get a refund! It must feel good to be so close to the end!

                  So far, still have not felt like I'm in Hell. But, I'm knocking on the wood of exposed studs. We just tore our bath enclosure out because tiles were falling off. Fortunately, there's no structural damage, just some mold to remove. But, the savings account is getting low as we buy materials to rebuild the enclosure. Do we spend $250 to get the cheapest plastic bath walls that will need to be replaced in 2 to 5 years or spend $600 and do it right? We're leaning towards doing it right, but it will pretty much drain the savings after having just registered our cars, one of which needed as service to make sure it passed smog. Fortunately, because of California's wild card exemption I do have a $10k CD I can cash out, but I'd hate to do that because it's earning 5% interest and will for another 3 years if I leave it alone. But, if necessary, that will keep me out of hell unless something huge happens. 21 payments down, 39 to go.
                  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


                  • #10
                    Yep, these decisions are difficult in 13 because you can't always make the most financialy sound decision at the time due to the BK restraints. I hope you'll be able to get it all repaired the best way. We have been so blessed that our cars made it through, though they are both throwing codes and possible on last legs. Then the difficult question arises, to keep and risk the trade-in value "blows up" in the trani or engine, or trade it in quick while there is some value left?

                    First, just have to worry about getting case closed and discharged! Thx for the reply! I hope things go smoothly for you "months to go!"

                    Comment


                    • #11
                      We made the last payment, which Trustee showed was due for February. Attorney said to make no more payments and await further instructions.

                      Nothing has changed on 13Network. No more disbursements were made and our account is sitting with a $2400 balance, which is just under 3 months of payments.

                      After all this time, I finally signed up for PACER. It reflects that no documents have been filed since Jan. 2011.

                      The "Closing Order Date" on 13Network is March 6, 2012. I am wondering if the attorney cannot file for the closing order until this date? Is this possible? Does anyone know? Or is it possible he filed but the Trustee has not posted the filing?

                      I keep checking often to see if anything has changed.

                      Comment


                      • #12
                        The procedures vary amongst the District. Generally you can't submit the request to discharge the Chapter 13 Debtor and close case (or whatever they call it in your District) until the plan payments are complete or the plan duration has been reached. Your District may allow your attorney to "schedule" a hearing on the closeout at a future date (beyond when your last payment is actually made).

                        Chapter 13s are special in that the discharge and case closing are usually many weeks apart. There are specific documents required (from the Trustee) and specific certifications from the debtor (such as the domestic support obligation certification).

                        Some Districts actually have a tickle date in PACER which allows the Court (Clerk of the Court) to schedule the appropriate hearings for the discharge and closing of the case.
                        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


                        I am not an attorney. Any advice provided is not legal advice.

                        Comment

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