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I think i'm about to cross the finish line...

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    I think i'm about to cross the finish line...

    It's been a long, hard 4 years. But I'm so close I can almost taste it.

    My Question:
    My ch13 plan is scheduled to go through until Feb of next year. I've been monitoring NDC and downloading the claim summary spreadsheet to keep an eye on everything. In Aug I was doing the math and looking at my numbers from the original filing and nothing was really matching up. Found out that I had a few creditors that never filed or whatever the right word/term is. So I think i'm getting close and was curious I emailed my lawyer saying the numbers on NDC (knowing it could be off) are looking like i'll be done in Oct. He emailed me back saying i'm scheduled to pay till Feb and that was it. (Bugged me a little)

    So I emailed the trustee and they come back and tell me it looks like i'll pay off early, 4 months early as long as everything stays on schedule. I'm thinking awesome! My lawyer comes back and says "I am not sure what math they are employing to show the case paying off early, but it is good for you, so I am not going to argue with it." Shouldn't he know this?

    Whatever, I'm happy.

    My pressing question. I pay my mortgage through the bankruptcy in addition to the debts I owe. It works out the amount they take out each paycheck (payroll deductions) one check essentially covers the mortgage while the other payment pays down the debt. My first check in Oct will be enough to cover the last of my debt according to my claim summary. Understanding it may not work that fast but would they stop the deductions in time for that last check in Oct or would they take that out too. I'm trying to figure out if I need to pay my mortgage in Nov, or if they are going to do that and then the deductions will stop.

    TL;DR
    Will/could they cut a payroll deduction mid month? That first check will be 10/4

    #2
    Generally, most expect that if you're in a 60-month plan because you were over-the-median, then you will pay all the way through month 60. The exception would be if you were in, or became, a 100% plan and you paid off all the unsecured credfitors early. Otherwise, everyone will say that you would pay through month 60, unless the Trustee decides otherwise.

    I was just in a 60-month plan and I paid the "plan base" early. However, I paid until the last day of the scheduled plan (60 months), plus had to surrender my last tax refund (from a month earlier).

    I can't tell you when or how the payroll deduction order will be vacated. Unfortunately, how the procedural aspects of shutting down a Chapter 13 can be different between districts. In my district, I chose to have automatic bank withdrawals rather than a wage deduction order (there are benefits to not having it in your payroll). I could stop those withdrawals at any time (without the ability to restart them). In my case, I stopped the automatic bank withdrawals by filing a notice of cancellation with the Trustee.

    For Wage Deduction Orders, in some districts, the Trustee files a notice to the court and/or the employer. Some employers will ignore the Trustee and only accept a court order (since it was initiated by a court order). How long it takes to get an order vacating the wage deduction order, if required both by your district and the employer, is anyone's guess.

    In my old Chapter 13, it took 2 months to get the wage deduction order straightened out (and some $13,000 in continuing deductions later!) Since you are represented, I would expect that your wage deduction is being dealt with by your attorney.

    TL;DR you'll have to ask your attorney about how wage deduction orders are vacated in your District.
    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

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