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Discharge question

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  • #31
    Originally posted by justbroke View Post
    The payments made by the Trustee could have been wrong.
    You mean, the payments the trustee made to the creditors who filed claims?
    Chapter 7 discharged 11/2005
    Chapter 13 plan payments complete, motion for Discharge entered 11/19/13

    Comment


    • #32
      Originally posted by MObk1379 View Post
      You mean, the payments the trustee made to the creditors who filed claims?
      Yes, especially for secured creditors. However, this is why the Trustee performs the audit at the end to make sure that everything was paid based on the Plan.
      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


      • #33
        Spoke to my lawyer about the question too; he said prior to 2005 there wasn't a final "objection period," you just received the discharge. Then "Direct Support Obligation" agencies (ie Child Support Enforcement) wanted a chance to object. So he thinks the "objection period" is really for them, but the Court says "We'll go ahead and give everybody an opportunity to object."

        He said he's never had a creditor object. My guess is that it would be costly to have a lawyer fight a completed Chapter 13 plan and come to court for a hearing and probably lose. What do you all think?
        Chapter 7 discharged 11/2005
        Chapter 13 plan payments complete, motion for Discharge entered 11/19/13

        Comment


        • #34
          I would want to believe that it never happens in Chapter 13 cases with the exception of the Domestic Support Obligations, or some other frauds.
          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


          • #35
            So it sounds like creditors rarely to never object, but how are mortgage payments and late fees paid outside the 13 dealt with. If a filer is in the final trustee audit but is a payment behind on the mortgage which had arrears in the plan would the trustee take issue?
            I am a mortgage payment behind and my balance on the plan is almost to a manageable sum to do a 401K loan and be done with BK. I am currently working on post filing federal taxes owed but don't see the ability to catch up on the mortgage for some time. I know the easy answer is to contact the attorney and modify, but I hope to tackle it without intervention. The mortgage company is not taking any action yet.
            11/23/'10-filed ch 13. 1/6/'11-341, confirmed. Below median. Plan completed 11/30/2015. DISSCHARGED 4/4/2016.JP

            Comment


            • #36
              If you are paying outside the plan, then there is nothing for the Trustee to reconcile. in fact, anything paid outside the plan has no protection of the automatic stay.
              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


              • #37
                Just finished my long chapter 13 plan payments.Received a letter from the trustee letting us know when to resume our mortgage payments which were included in our plan. Don't know if this is the right forum but I'm going to ask anyway. The claim for the mortgage company was 100k, our monthly payments were 755.00. The total principal paid shows 44k and the total principal owed shows 55k. Does this mean we only owe 55k on our house? Our mortgage is with Ditech and they will not give us any information on this question. Very concerned because would like to sell our house and we are not getting any cooperation from the mortgage company. Thanks in advance for any advice/answers to my question. This is my first time posting to this forum.

                Comment


                • #38
                  Made the last payment to the Trustee in my plan on October 11th, 2016. Have not heard a peep from anyone yet. Waiting is the worst...

                  Filed BK on: 1/31/13
                  341 Meeting: 3/12/13
                  Confirmation: Set for 4/10/13
                  Plan modified: 3/31/2014

                  Payments made: 48 of 48

                  Comment


                  • #39
                    Originally posted by jmpkcp View Post
                    Made the last payment to the Trustee in my plan on October 11th, 2016. Have not heard a peep from anyone yet. Waiting is the worst...

                    Filed BK on: 1/31/13
                    341 Meeting: 3/12/13
                    Confirmation: Set for 4/10/13
                    Plan modified: 3/31/2014

                    Payments made: 48 of 48
                    It all depends on your court and trustee. It took almost 6 months to receive my discharge after my final payment. Trustee has to perform their audit, then send out letters to creditors, then for whatever reason send another letter to creditors, then after all of that send a letter to my mortgage company which to me should have been sent prior, then they send their final audit to the court and wait......
                    California Chapter 13

                    Comment


                    • #40
                      Originally posted by chinup View Post

                      It all depends on your court and trustee. It took almost 6 months to receive my discharge after my final payment. Trustee has to perform their audit, then send out letters to creditors, then for whatever reason send another letter to creditors, then after all of that send a letter to my mortgage company which to me should have been sent prior, then they send their final audit to the court and wait......
                      My trustee has already completed the Final Audit, Final Cure Notice and STOP PAYROLL DEDUCTIONS, only problem now is that my attorney prematurely filed the 522(q)(1) and instead of being discharged on 23 May 2017, I will have to wait until 16 June 2017. That's okay, we are done!

                      Comment

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