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The case that will never close.

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    The case that will never close.

    I wanted 2020 to start on the right foot yet I am still awaiting my case to close which is driving me insane. If this thing goes to February it will mark one full year since I took over paying my mortgage. I got my discharge papers in July and my case is still not closed a full five months from today! I took the advice of this forum and called my attorney but he refuses to respond. I called the trustee they say to call my attorney. I have fullfilled my obligation yet I am still bound by the court order so my life remains on hold. 5 year agreement, 6 years and counting and it appears I have zero options to resolve it.

    Here I wait stuck in Chapter 13 purgatory...

    #2
    Wow, that seems like a long time. I have been fortunate with my attorney, I mostly spoke to his paralegal throughout our CH13, but anytime I asked to speak to him he always took my call. If I was in your situation I would show up at their office and demand to speak to them.

    Comment


      #3
      Something must be wrong - that is not normal or legal! The case has to close if you did everything you were required to do!
      I hope you get answers ASAP!

      Comment


        #4
        As I understand they have no required timeline to close. Last time I did speak to my attorney he mentioned they are very busy so it could take awhile. I imagine this is why he doesn't return my calls now as nothing has changed. I would go into their office but under his advisement I moved upon my last payment to take a better job so I'm nearly 7 hours away. I completed the plan and the trustee even sent me a $300 refund for over payment.

        So now I have a house that I don't want to sell until the case is officially closed and a car that is hanging on by a thread (12 years old). Both items I was told I still need permission from the court to sell/buy so long as the case is open. Odd but I was told by my attorney that I didn't need to do anything when I applied for the lease where I am currently living?

        I just don't want to "poke the bear" so to speak and file the motions required to do both at this stage.

        Comment


          #5
          I suggest to go back to the Trustee but be firm and polite that your attorney is gone/missing and no where to be found. I think that North Carolina is one of the odd States as far as how the Trustee program works. Your recourse is the Trustee's office but make sure they understand that you have no representation as your attorney is gone.
          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


            #6
            Update: I called the trustee's office and here's what I was told. There are outstanding checks from January 2019 that creditors have not cashed. I can't understand how a check could be valid a year later. Better still is why no one was looking into it? She had no answer for me. She said she would talk to her office manager and to call back in 2-3 weeks! So it appears I was in limbo with no one even keeping up with it. I'm calling back next week no reason for it to take 3 weeks for a simple resolution for something that has nothing to do with me. Thank justbroke for the suggestion maybe it has at least spurred someone to see what is going on.

            Comment


              #7
              Most Trustees only wait 30 days for checks to be cashed and then close the books. That is very strange, indeed. I guess it slipped through the cracks!

              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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