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End of my 13

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    End of my 13

    Well, I'm now about 3 months away from finishing my Chapter 13 36mo plan.

    Now I'm getting a little nervous. The core of my question is how much poking around will the trustee do at the end?

    Here's a little background. I gotten divorced and had been laid off from my job several months before I filed (yeah that was fun - I didn't drink much at all but I sure thought about starting). I had been playing the credit card and asset shuffle to stay afloat. As it turned out, the creditors weren't too keen on working with me, so I originally filed a chapter 7 that was contested. Through some good stall tactics and some good luck, I kept the case alive until I got a job. We agreed on payments in a 13 based on 25% (I think) and my income.

    In the three years since, I have about doubled my income. Also, the company I work for has deposited $$ as part of a profit sharing plan into a 401(k) which I have also been able to contribute to.

    I have also run up a little debt as part of starting a business with my wife ($7k). Also, I travel for my work and may have $3 - $7k balance on an AMEX any given month. This is reimbursed, but it still shows on my balance. We're stretching to start this business, so I would have a hard time paying off the debt in 3 months.

    So, you see my question, will/can the trustee poke around (i.e. require me via the Judge) to provide any kind of statement, and do they have any claim to assets generated after the filing? Does the unsecured debt mean anything to them?

    Thanks in advance for your comments. And those who are just starting this journey, keep the faith. It does get much better.

    #2
    When you send in your last payment, most trustees will send you a letter acknowledging your last payment has been received. Don't stop sending payments until you are certain it's the last payment. You can ask your lawyer to contact the trustee if there's any doubt about that.

    Once your last payment has been received and disbursed, then the trustee has to complete an audit that can take up to 12 weeks to finish depending on how complicated your case has been. The audit is to ensure that all monies have been paid out and all creditors have received what they should have received.

    Despite what our 2005 Congress thought, no one's income and expenses remain rock-steady stable for five years. Your income may have gone up, but I bet your expenses have gone up too. As long as you followed your trustee's guidelines for what needed to be reported and what didn't after filing, you'll be fine. Just wait out these last few months - you are almost done - CONGRATULATIONS!!
    Last edited by lrprn; 04-29-2008, 07:22 AM.
    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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