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Please Advise...Ch13 paid in full since Oct.'12...Trustee did not file motion for dis

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    #1

    Please Advise...Ch13 paid in full since Oct.'12...Trustee did not file motion for dis

    My wage garnishment for the Chapter 13 was stopped on Oct 19 by the Trustee via a letter to my payroll office. Last week, I called the attorney's office because I had not received any discharge or motion paperwork. I was told the Trustee had not filed the motion. So instead of being discharged by Dec '12, my status is About to Close.

    Is this normal?
    Last edited by Motivatedx3; 12-17-2012, 12:06 PM.
    48 MO. CH13.......Filed Dec 08...Final Payment Oct 12...Discharged Feb 13 Case still opened
    Just when I thought it was over; BOOM in my face-->I owe more money
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    #2
    Where are you seeing "About To Close"? Is that in PACER or in 13 Data Center?
    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.

    Comment

      #3
      The About to Close status was in the 13 Data Center. I spoke with the closing department today and my case was closed yesterday. Also, I will be receiving a large refund... Yay for me...

      I think the Trustee's office was behind on their cases therefore my case was in limbo from Oct until yesterday.
      48 MO. CH13.......Filed Dec 08...Final Payment Oct 12...Discharged Feb 13 Case still opened
      Just when I thought it was over; BOOM in my face-->I owe more money

      Comment

        #4
        Congratulations! Getting to discharge (and close) in a Chapter 13 is very significant and shows a ton of restraint and budgeting! Wishing you all the best!
        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.

        Comment

          #5
          Correction: the case is completed so I guess I'm waiting for the motion or something.

          I'm not looking forward to rebuilding my credit...seems difficult
          48 MO. CH13.......Filed Dec 08...Final Payment Oct 12...Discharged Feb 13 Case still opened
          Just when I thought it was over; BOOM in my face-->I owe more money

          Comment

            #6
            Well, you are just about there so hang in there! As for rebuilding, you should come out from your Chapter 13 in the high 600s. Rebuilding will be easy because you now know that you don't need credit cards to live!
            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.

            Comment

              #7
              Update!! Someone, somewhere dropped the ball on my discharge. I had a 48 month plan in which I overpaid for 9 months. I was expecting to be discharged in December since the last "over" payment was made in October but that didn't happen. My scores have increased and I'm looking forward to receiving discharge papers...
              48 MO. CH13.......Filed Dec 08...Final Payment Oct 12...Discharged Feb 13 Case still opened
              Just when I thought it was over; BOOM in my face-->I owe more money

              Comment

                #8
                I wonder if the ball-dropping person was your attorney? Anyhow, I'm glad that the case is getting to where it needs to be... discharged and closed!

                Again, congratulations.
                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.

                Comment

                  #9
                  I haven't spoken to the Attorney since filing in court. His paralegal always referred me to the Trustee's office which provided all the information I have thus far. I'm expecting the discharge paperwork within 30 days.

                  Thx!
                  48 MO. CH13.......Filed Dec 08...Final Payment Oct 12...Discharged Feb 13 Case still opened
                  Just when I thought it was over; BOOM in my face-->I owe more money

                  Comment

                    #10
                    Wow! Overpaid for 9 months..won't that be a nice refund to celebrate your success. Congratulations!
                    Filed Chapter 13 - 07/20/12
                    Discharged 8/2/16

                    Comment

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