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"Is this the real life? Is this just fantasy?"

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    "Is this the real life? Is this just fantasy?"

    Ok BK friends justbroke shipo​​​​​​​ Barbisi​​​​​​​ Zombie13 sophieanne and everyone else.

    Got mail today. Got the Final Cure Payment. Mortgage was paid off in October, nothing owed. HELOC is current next payment 5/9/22.

    Looked up Final Cure Payment online does this mean that our BK 13 is coming to an end about 10 months early???????

    Looked up PACER latest documents are the two Final Cure Payment paperwork. Looked up NDC then went back to Pacer and looked at the claims. Thinking of justbroke and his Pacer bill, but I think I stayed under the free limit! Looked up all my claims and compared with NDC which was updated 3/30/22. I know it's not 100% accurate, but I imagine darn close.

    Online I read the Final Cure Payment is sent AFTER the payments are all made??? I received the Final Cure payment from the bank and a letter from the trustee.

    Estimating my UNOFFICAL calculations (and my less than stellar math skills) based on 3 paychecks in April and 2 paychecks in May looks as though my debt will be PAID OFF! Now I did not take in account of any of the trustee fees, etc, but as of that 5th paycheck the BK payments totals are larger than the debt owed.

    I had to come here for your input! I will call the attorney's office tomorrow.

    I have one little problem our income tax payment. I did not make it, sent a small payment and planned to pay online and have it paid off in maybe 6 months. This is what I have been doing because I did not have enough to make the payments each year post petition. When I called the IRS they said voluntary payments could be made so that's what I did.

    If it looks like my BK 13 is ending earlier than expected I will throw as much money into paying the taxes ASAP including our meager savings for down payment on a second car. Because once the BK payment ends I could have a nice down payment literally in ONE month!
    ​​​​​​​
    I am not an expert. I just share my experiences in the Wonderful Wacky World of Chapter 13! Filed 3-30-18 Confirmed 7-11-18 Discharged 6-8-22

    #2
    Carmella —Congratulations!!! Sounds like you have completed your plan..how totally exciting !! Will wait to hear what your attorney says. I’m very happy for you 😊
    Filed Chapter 13 - 07/20/12
    Discharged 8/2/16

    Comment


      #3
      Wow, Carmella super congrats!!!!!!!!!!
      This is literally the best news I've seen on here since we finished up and my husband got his new job and a fully paid relocation!
      I'm thrilled you are almost officially (I hope) done and won't have to shoulder this awful debt anymore.
      Keep us posted about the new(er) second car!
      HIPPHIPPHURRAH

      Comment


        #4
        Carmella - The Final Cure pertains specifically to the mortgage I believe. I googled as well and found this item: "A Notice of Final Cure Mortgage Payment is filed by the trustee within 30 days of the date the debtor completes all payments under the plan.". So yes, it appears you are finishing early, in which case, Congratulations! But yes, your attorney knows far more than I/we do about it. Being in a 100% plan, it is certainly possible you will pay off early. Nice!

        I was going to say.... eh, Matrix anomaly... just ignore it LOL!

        Comment


          #5
          If the document you received is titled something like:

          “Trustee Notice of Final Cure Mortgage Payment”

          it relates to the requirements under Bankruptcy Rule 3002.1. It does not relate to completion of the Chapter 13 Plan.

          It is a notice from the Trustee that, according to his/her records, he/she has distributed sufficient funds to the mortgage lender to cure the default that existed prior to the filing. Within 21 days, the mortgage lender must respond to this Notice confirming that the pre petition default has been cured and advising the court if all post petition payments are current.

          Here is a link to the Rule:

          https://www.law.cornell.edu/rules/frbp/rule_3002.1

          If the Plan had been completed, the Trustee would have filed something like "Notice of Completed Plan".

          Des.

          Comment


            #6
            I called the attorney’s office and they put me thru to an attorney. She wasn’t able to look up my case as they were super busy with end of month filings. But she did say the trustee puts thru the request for the final cure payment a few months before end of BK. She said it is never requested a year before completion so it’s probably soon. And said if not all creditors filed and it’s 100% plan it’s most likely to finish before 60 months. She asked about my wage order and said as soon as they are notified my payments are complete they will email me the order so I can give it payroll asap to stop the payments. She congratulated me for being in my final year

            despritfreya the trustee sent the info to the bank that holds the mortgage and HELOC and the bank responded. We received info from both the trustee and the bank’s attorney. The link you provided is a bit difficult for me to understand at least when reading on my phone. When I searched yesterday I saw it was often done near the end of BK13 to make sure there are no “hidden” costs or arrears (if that’s the correct term) just before discharge.

            I am sitting tight to see where it goes because I know not all creditors filed, but due to our procrastination it’s hard for me to know which collection agency correlated with which credit card. I am fairly sure Chase didn’t file and possibly Citicard which was actually our highest debt.
            I am not an expert. I just share my experiences in the Wonderful Wacky World of Chapter 13! Filed 3-30-18 Confirmed 7-11-18 Discharged 6-8-22

            Comment


              #7
              Barbisi as for the second car if it’s true we will be done in 3-4 months I see no reason to pursue a car until AFTER we have our BK payment stopped. Putting the amount of the BK payment aside would be a nice down payment after a month and even better after 2 months!

              I guess I will check on Pacer more frequently just to see if any new documents hit the docket.
              I am not an expert. I just share my experiences in the Wonderful Wacky World of Chapter 13! Filed 3-30-18 Confirmed 7-11-18 Discharged 6-8-22

              Comment


                #8
                Carmella when you get close to the end, it's exciting and nerve wracking. We all can't wait until we are celebrating your Chapter 13 Discharge. This has been the Year of the Chapter 13 Discharge!
                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
                  Here's hoping! But you're close anyway. Congrats! We're all getting out alive!

                  Comment


                    #10
                    Thanks everyone it is exciting (and yes nerve wracking!)

                    I checked NDC yesterday and our April payments were distributed to the creditors. I added it up and it looks like the amount owed (not counting any fees) is just about $120 less than the two May payments. If I calculated this right our first June payment should complete the BK payments!

                    I get paid on June 10th. How will that work will the trustee see the payments are made and then start the process to end the BK after that payment on the 10th or will it take a bit longer? I know the actual discharge process will take longer I am just wondering when I should expect my RAISE, I mean my FULL paycheck!

                    My attorney will email me the info as soon as they get it and then I will pass that on to my payroll lady. Maybe by July?? This is based on what I see on NDC which I know may not be 100% accurate, but unless there are some larger fees by that June 24 paycheck I think should be good to go!

                    You can bet I will be checking out PACER frequently after Monday June 13th!
                    I am not an expert. I just share my experiences in the Wonderful Wacky World of Chapter 13! Filed 3-30-18 Confirmed 7-11-18 Discharged 6-8-22

                    Comment


                      #11
                      The only way to stop a payroll deduction, is for the employer to receive the cancellation in the same form. So if it was a Wage Deduction Order from the court, then a Wage Deduction Vacate Order (stop collecting) must be received by the employer. Mine took 2 months and the Trustee collected an additional $14,000. (Well, I had a horrible attorney ... myself.)
                      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


                        #12
                        Yes, it is the wage deduction order/vacate order... The attorney said when it is available, they will email it to me so I can email it to payroll and then payroll will get it quicker than waiting on the trustee. When our payment was increased (step plan) the lawyer sent me the order and I sent it to my employer. That was because the payroll office had moved to a new building, and I never thought about telling the lawyer or trustee. I actually didn't even realize they moved and when it was close to the time for the payment to change it dawned on me, they didn't have the current address. I informed the attorney office, but the emailed me the info so I could email it to the employer just in case they didn't get the info via the mail.

                        As soon as the trustee (?) puts in for order to stop collecting the attorney wants me to send it to speed up the process, "so they (trustee) stop taking your money," to quote the attorney.

                        I watched checked on PACER when the step plan was changing, and I saw it the day before the attorney emailed me the info and then it took maybe 2 weeks for me to get a copy in the mail from the trustee. I am happy the attorney will email the info to get the deduction stopped ASAP.

                        I have read when they deduct more money it gets returned a bit after the discharge so whatever they take once all the claims are paid will be in limbo for a while and I understand that. Hopefully they can get the deduction stopped close to when the claims are paid so I don't have them holding too much money for too long.

                        But really, I cannot complain whether it's stopped ASAP or takes longer it will be less than 60 months total time!

                        I just want my husband to finally have his own car so we are a two car family once again.
                        I am not an expert. I just share my experiences in the Wonderful Wacky World of Chapter 13! Filed 3-30-18 Confirmed 7-11-18 Discharged 6-8-22

                        Comment


                          #13
                          The issues with the Wage Deduction Order (WDO) were the same for me. I sent the WDO to my employer because the first time, they moved and the WDO went into a black hole.
                          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


                            #14
                            Just sitting and waiting out the month and probably next month, too, since I THINK that the first June payment will show the debt paid. Even if I have to wait and more money is deducted I know I will get it back and will be out of this before the 5 yrs plus however long it takes to completely close
                            I am not an expert. I just share my experiences in the Wonderful Wacky World of Chapter 13! Filed 3-30-18 Confirmed 7-11-18 Discharged 6-8-22

                            Comment

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