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Discharged but not closed...Chap 13

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    Discharged but not closed...Chap 13

    Hi Everyone... BKDone here. While I researched it, and saw some previous posts on the subject, I still have questions about the process. As lots of know, I did a refi a couple of months ago. The lump sum was used to pay off my Chapter 13 and I was officially discharged on 9-6-06.

    I read several threads where it shows that the final audit can several weeks. I am just concerned because NDC shows me as 'Closed' but I havent gotten any official closure from the Court. It has been almost 2 months since my discharge and Pacer still does not have anything under the 'Terminated' date.

    My questions are:

    1) Should I call and inquire about the closure?
    2) Is the attorney obligated to help me now that I am discharged?
    3) How long until the credit bureaus show that I am discharged...Or do I write them and tell them myself?
    4) Will I get an official notification from the court that I am totally closed?
    5) How long should I wait before I call and see what is the hold up? Or should I stop worrying about it since its only been 2 months?

    Thanks for the help.

    #2
    If I remember correctly, 13inOR had to continue making payments for a couple of extra months. Then it took a couple of months for the Trustee to do the Final Audit and "officially" discharge and close their BK. 13inOR got reimbursed the excess $$$'s paid.

    Since you were discharged early in September, I don't think it would be out of the way to call the Clerk of the Court and nicely inquire as to the status of your Closing. Sometimes a nice call to the Clerk is just the nudge it takes to get the Trustee moving on the rubber stamping part.

    You should get paperwork from the Court that your debts have been officially discharged and your BK is Closed. Be sure to hang onto that paperwork and keep it in a safe place.

    I'm still learning the Credit Reporting stuff so maybe others will chime in for you about that part.

    Congrats, BKDone!!

    Your name says it all!!
    Filed Ch 7 - 09/06
    Discharged - 12/2006
    Officially Declared No Asset - 03/2007
    Closed - 04/2007

    I am not an attorney. My comments are based on personal experience and research. Always consult an attorney in your area to address concerns related to your particular situation.

    Another good thing about being poor is that when you are seventy your children will not have declared you legally insane in order to gain control of your estate. - Woody Allen...

    Comment


      #3
      It took me almost six months.

      Your trustee contacts every ceditor and closes it all out. It takes forever.

      The court will send you papers that say that you have a discharge. You keep these for at least seven years. I recommend forever. It's your proof. The trusee will send you any owed money.

      It's a forever wait, but they take their time wiht all ot the closing out process. After all--- you'e no longer their prioity. They have your money.

      Congradulations on finishing!

      Elf

      Comment


        #4
        Thanks for the reassurance and advise. I have tried so hard to be patient and just let things work themselves thru...but, I feel like I am not staying on top of things if I dont know what's going on.

        I appreciate all of the encouragement and support that everyone gives here on this website. Chapter 13 sucked...and I never EVER imagined I would ever be in this situation, but frankly, credit cards got me into trouble. Or, should I say... I got myself into trouble. But, overall, I feel good about having paid back my debt and I feel as if I owned up to my responsibilities.

        Now that its over, I see that shopping still makes me happy, but now I save alot more than I spend. It was all worth it. I learned a valuable lesson the hard way. I am grateful.

        Comment


          #5
          I paid off my ch.13 on aug.12 via refinance and my trustee shows case still active all creditors have been paid off and there is a $3200 balance shown on the NDC website seems like it's been forever and I'm not sure how I could have overpaid that much but I would really like to know when I am going to get that money back!! It would be a nice Christmas bonus!!

          Comment


            #6
            Originally posted by M900 View Post
            I paid off my ch.13 on aug.12 via refinance and my trustee shows case still active all creditors have been paid off and there is a $3200 balance shown on the NDC website seems like it's been forever and I'm not sure how I could have overpaid that much but I would really like to know when I am going to get that money back!! It would be a nice Christmas bonus!!
            Others here who have paid off their Ch 13s early through refinance have said that it can take up to six months for the trustee to get everything finalized. Has your attorney given you any idea how long other early buy-out cases like yours have taken to be closed in your bk district?

            Sure hope you get your Christmas present....hang in there! You are almost to the finish line!
            I am not a lawyer and this is not legal advice nor a statement of the law - only a lawyer can provide those.

            06/01/06 - Filed Ch 13
            06/28/06 - 341 Meeting
            07/18/06 - Confirmation Hearing - not confirmed, 3 objections
            10/05/06 - Hearing to resolve 2 trustee objections
            01/24/07 - Judge dismisses mortgage company objection
            09/27/07 - Confirmed at last!
            06/10/11 - Trustee confirms all payments made
            08/10/11 - DISCHARGED !

            10/02/11 - CASE CLOSED
            Countdown: 60 months paid, 0 months to go

            Comment


              #7
              Originally posted by bkdone View Post
              Thanks for the reassurance and advise. I have tried so hard to be patient and just let things work themselves thru...but, I feel like I am not staying on top of things if I dont know what's going on.

              I appreciate all of the encouragement and support that everyone gives here on this website. Chapter 13 sucked...and I never EVER imagined I would ever be in this situation, but frankly, credit cards got me into trouble. Or, should I say... I got myself into trouble. But, overall, I feel good about having paid back my debt and I feel as if I owned up to my responsibilities.

              Now that its over, I see that shopping still makes me happy, but now I save alot more than I spend. It was all worth it. I learned a valuable lesson the hard way. I am grateful.
              It truly sounds as though you've made GREAT progress!!!! I am envious of you BK!!
              I'm sure it's just like SF said~ she's knows SO much~ take her advice and make a friendly call to the clerk!! That way you'll at least know something!!
              Best wishes!!!!!!!!!!!!!!!

              Comment


                #8
                Originally posted by lrprn View Post
                Others here who have paid off their Ch 13s early through refinance have said that it can take up to six months for the trustee to get everything finalized. Has your attorney given you any idea how long other early buy-out cases like yours have taken to be closed in your bk district?

                Sure hope you get your Christmas present....hang in there! You are almost to the finish line!
                Thanks! hate to sound like I'm complaining cuz I'm really in a much better place now and feel so happy and relieved compared to the last couple years I am just ready to put this behind me and start over. I haven't spoken with my attorney in fear they will send me a bill !! 13inor got his money in 4-5 weeks after refinance and he had the same trustee. I have noticed that one of the checks they sent a creditor was sent back then reissued for the same amount so I'm thinking that may have started the clock over again as far as the audit procedure, so hopefully I'll get a discharge and balance refunded to me soon. Thanks for the kind words I'll keep you posted!!

                Comment


                  #9
                  Discharged but not closed...

                  I received my discharge 9/27 via selling my house. I was refunded all extra monies from the Trustee within about two weeks and have even just gotten the escrow refunds from my mortgage company. I checked NDC today and it still shows 'near completion about to close'. I called the Trustee (Eastern VA) and they said that it can't close until they have recieved all of the paid checks back and they can close out the books on my case.

                  According to the courts, as long as you have the discharge paper from the courts, that's all you need to move on. There is nothing else to receive from the courts. Everything else (at least for me) is wrapped up in the trustee getting the cancelled checks back from the creditors.
                  John, Virginia
                  Case Confirmed: 5/20/05
                  Property Closing: 9/20/06
                  Buy-out and Discharged: 9/27/06

                  Comment


                    #10
                    UPDATE...
                    I checked PACER today and my case has been closed as of 11-3-06. I assume that I will get an official letter to that effect, but there is an actual document, filed with the court, showing my closure date.

                    I got my discharge on 9-6-06, but the final audit took 2 months. Additionally, I got my car titles (lien releases, actually) today too. NOW i am finally thru!

                    Of course I will hang around and offer my "wisdom" as I can. I dont know alot about Chapter 13, only what my personal experiences were. I have been trying to correct my credit report, which is another thread all together...I wont go into that here.

                    Comment


                      #11
                      Originally posted by bkdone View Post
                      UPDATE...
                      I checked PACER today and my case has been closed as of 11-3-06. I assume that I will get an official letter to that effect, but there is an actual document, filed with the court, showing my closure date.

                      I got my discharge on 9-6-06, but the final audit took 2 months. Additionally, I got my car titles (lien releases, actually) today too. NOW i am finally thru!

                      Of course I will hang around and offer my "wisdom" as I can. I dont know alot about Chapter 13, only what my personal experiences were. I have been trying to correct my credit report, which is another thread all together...I wont go into that here.
                      I have yet to join pacer do you think it's worth it at this point? I paid off my ch.13 in aug. via refi. I got my vehicle title last week and NDC shows they owe me a huge balance. but I've got nothing from the courts.

                      Comment


                        #12
                        M900-I have to say that by joining Pacer I was able to download and print any document that was eventually mailed to me. Gave me the opportunity to keep my files totally up to date and accurate and matching with the courts...and at $.08 a page, it's really quite cheap.

                        John
                        John, Virginia
                        Case Confirmed: 5/20/05
                        Property Closing: 9/20/06
                        Buy-out and Discharged: 9/27/06

                        Comment


                          #13
                          Originally posted by PI_Lvr View Post
                          M900-I have to say that by joining Pacer I was able to download and print any document that was eventually mailed to me. Gave me the opportunity to keep my files totally up to date and accurate and matching with the courts...and at $.08 a page, it's really quite cheap.

                          John

                          Thanks might have to check it out.

                          Comment

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