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    Question about making last payment

    I have a question about making your last payment. No, I am not there yet and wish I was.

    Reading some of the posts here I've read where some people continue making payments even when its supposed to be the last one. If you're supposed to be on a 36 or 60 month plan and you're at that last payment why would one still make payments? When I get to that point am I to supposed to continue making payments until I am told by the trustee to stop? They takes months to close your case after the last payment is made.


    Happy Holidays to all
    Filed Chapter 13: Aug 2004 Confirmed Aug 2005
    Early Buy-Out 43/60 months: April 2008 :clapping:
    Status: Case Closed Completed May 6-2008 :D
    Discharged: June 2008 :D:yes2::D

    #2
    Originally posted by Pumpkin729 View Post
    Reading some of the posts here I've read where some people continue making payments even when its supposed to be the last one. If you're supposed to be on a 36 or 60 month plan and you're at that last payment why would one still make payments? When I get to that point am I to supposed to continue making payments until I am told by the trustee to stop? They takes months to close your case after the last payment is made.
    How long a Ch 13 takes to close can vary between trustees and bk districts. Some trustees are very timely and complete their auditing of your Ch 13 account quickly. Others can take awhile - up to 60 days is considered acceptable. If there are discrepancies between what the creditors say they have received and what the trustee shows they received, it can be even longer. Also you must successfully complete a required pre-discharge financial management course and supply the certificate to the trustee.

    Some 13ers have asked their lawyer to check with the trustee 1-2 months ahead of time to see how things are looking so there's no surprises. If you continue to pay after your plan is ended, you will eventually get the extra money back from the trustee, but that could take several months.

    Ask your lawyer how long it typically takes your trustee to finalize his/her review at the end of other Ch 13 plans in your district and close the case.
    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


      #3
      The pre Discharge Cert is for New Law filers. I don't think this applies to Pumpkin. Pumpkin filed back in 2004.

      Lrprn's suggestion to contact the Trustee when you have a couple payments to go is a good one. Some people who did not contact the Trustee the end of their plan was coming have had to make extra payments. There've also been a couple people who paid off their BK's early and had to make a couple extra payments.

      Once you're done with your plan payments, the Trustee will have to perform a Final Audit prior to Discharging and Closing your BK, Pumpkin.
      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

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