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    Weird amount on 13datacenter

    Hello all.

    My husband and I filed Chapter 13 and had it confirmed in January of 2004. We initially filed for a 70% plan which was increased to 100% (which, by the way, we found out by accident -- NOT through our attorney) after 6 months into the plan. We were supposed to pay for 60 months.

    My issue is this: In December 2007 13datacenter listed us as owing a little under $1000 total. We had been on plan to pay off about a year early ever since we filed (our attorney said that most people don't go the entire 5 years). I received our periodic Trustees Report To Debtor dated 01/24/2008 that listed everything exactly in order with the website. I scraped and scrimped (after losing my job) to pay the last few payments (which were listed as received with "One Disbursement Hold" each time) and there hadn't been a disbursement or change since late December 2007. However, I get online today and find that a disbursement was made on March 3 -- but one of my creditors' amounts had INCREASED by $1800!!!!!!! This creditor has taken $477 of the $952 I had payed in over the past two months and now instead of it being almost over we still owe $2000-something dollars!!!!!!!

    I could understand if there was a glitch in the 13datacenter website, but all the reports from the trustee have always listed the same amounts. How could one of them increase by so much? They were all 0% interest and 100% payback. I've called my attorney and left a message but I'm freaking out right now. I can't afford to pay another $2000 after losing my job . . . I thought I was out of the woods!

    Has anybody else experienced anything like this? I'm wondering if an audit was performed and there had been a mistake all along? Sheeeeesh I'm gonna be sick . . .

    #2
    Originally posted by 0531332 View Post
    This creditor has taken $477 of the $952 I had payed in over the past two months and now instead of it being almost over we still owe $2000-something dollars!!!!!!!
    Please tell me that I misunderstood what you said - you really did not pay a creditor directly yourself while you are in an active Ch 13, did you?

    If you did, did your lawyer ok doing this?

    To pay off your Ch 13 early, first your lawyer contacts your trustee to get a payoff amount. Often it is NOT exactly what you see on 13DataCenter.

    You need to talk with your lawyer, and fast, to find out where the extra $2K actually came from. Stop guessing. Go find out.
    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

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      #3
      I didn't pay any payments to the creditor, I was talking about the trustee's disbursement to the individual creditor. Sorry I confused you.

      My attorney's secretary finally called me today. He never can be bothered with talking to me, it seems. She said that what appears to have happened is that an audit was performed on my case and that the initial claim of $1770.73 for HSBC was incorrect and should have been $3928.73 for a difference of $2158.00 She also informed me that the "Trustee's Periodic Report To Debtor" is NOT sent out by the Trustee but is, in fact, sent out by automation from another location entirely. So, now, the $952 that I sent in at the first of the year is NOT paying my Chapter 13 off. Nope, I still owe over $2000 and I no longer have any income coming in to cover the payments. My husband and I can't afford to continue paying $403 for the next six months (which is how long she said it would continue) especially since I now wonder about whether or not THAT total is correct. Her advice? Try to pay the payments. My only other option, according to the secretary, is filing a request for my payments to be lowered. However, I have to pay my attorney $150 up front for him to file that request AS WELL as continue to pay the $403 per month until we receive a reply.

      I'm just sick. I wish we had never opted to take the Chapter 13 route. Our attorney made it sound so great. I'm still miffed that he told us that -- as far as the money we would need to pay him went -- it was the cheapest route for us to go. What he failed to inform us was that he would be payed a total of $1300 before it was all over and that any time he had to do ANYTHING on our case he would charge an additional $150. We have had NOTHING for four years now . . . struggling to make the payments and stay ahead on our living expenses . . . and now we receive THIS kick in the gut. I will admit that we've learned better habits through this time period, but will it ever end?

      Oh, by the way, when I questioned the secretary about why we were moved to a 100% plan with no knowledge on our part, she said that was because all the creditors had not reported in yet. Does this make sense? Since it was confirmed at 70% shouldn't we have at LEAST received some sort of notice that it had been changed?

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        #4
        Are neither one of you working now???? Can you borrow the $2,000 from family or some other source? It's too close to give up now. When there is a will, there is a way, trust me!
        Filed: October 1, 2007 341: December 10, 2007
        CONFIRMED: December 10, 2007
        Payment: $825 / Mo. for 5 Years-29 MONTHS OF Pmts Down 23 to go!

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