How long until discharge?

[athomas]

I realize the courts are extremely overloaded in the face of our current economy and surge in foreclosures and filing. We have 32 bi-weekly payments remaning in our 60 mos. Ch. 13 plan, and are very anxious to be able to somehat see the light at the end of the tunnel. Our payments are set to be finished up in early to mid December of 2009, 60 mos. from our plan being confirmed.

I was sincerely hoping that we would receive our discharge a few months later, in the spring of 2010, and could then proceed with selling our home. Unfortunately my lawyer just sent me a very short email saying that he could not promise that we would receive our discharge in the Spring of 2010. How long does this take???? Is six months completely unreasonable?

On another note, my mortgage is included in my plan. Will we be responsible for it again on our own 60 mos. from the date we filed, or 60 mos. from plan confirmation/our plan being paid in full? It makes a big difference, as if it ends up being 60 mos. from filing, we could owe as many as three mortgage payments while we are still paying into our plan, which is not going to be easy for us.

I asked my lawyer these questions, but sometimes it takes him a month to answer my emails. I will be so glad to tell him goodbye when this is over!

[Minnymouth]

I can't help you with this, but maybe some of the others who ARE Chapter 13 survivors can...
Be patient and hopefully someone will be able to answer your questions for you shortly.
Discharges often take longer expecially in Chapter 13's.... as the Trustee gets your final payment and then has to pay everyone at the end of the month and audit his books and present to the court to close out your chapter 13.
Hopefully you won't be tied up too long after your last payment.

[Elf]

A CH 13 is a long haul. SO few of us finish it, and I suspect many more would just quit if they realized that the end was not the end.

Our payment came out of our checks as a garnishment. Companies will not stop doing that becasue you tell them that you;re done. The trustee has to issue a stop garnishment.

That took two extra payments.

This is about what I remember: Then the trustee audits the account. He/she makes sure you paid what was agreed.

Then your case goes before a judge who must issue the discharge. You're not done until that happens. Then they send a letter to each of your creditors saying that you're done and that they must now leave you alone. They get seem to get a last gaspe at saying that you were evil and lied about your condition. If no one complains,

The paper work gets written, and you get your discharge.


The bad news: We made our last needed payment in February, they stopped the garnisment in mid April, and we got our discharge in mid July, along with a refund check.

It stunk.

The reason: I was told that once you stop making payments, your trustee is no longer making any money-- and this is the most time consuming paper chase of a BK. You go on the back burner to those who are still making payments.

I paid the mortgage outside of the plan. Creditors on the inside-- student loans- delayed three months after the last payment until they began asking for money. Those were defered. Thye seem to know that the courts stink.

All this said-- have patience. You need a couple of years to get a decent mortgage. You get a nod and a smile, but it's still a BK. Use the time to adjust and to make arrangements for your mortgage.

It will be worth it.

Elf

[athomas]

Thanks for the advice.

My husband took a job in another state, and we desperately want to move. Unfortunately, after getting the run around from our lawyer over the past 7 mos., we have realized that it is too cost prohibitive and time consuming to attempt to sell while in an active 13. So we'll just keep plugging away...we are getting there. Things look much brighter than they did four years ago!

I guess one plus for us is that there is no wage attachment. There was, but when DH changed jobs the new employer never set it up. I send in a money order every two weeks, and atty. says it is not an issue as long as they get my payment. Atty. seems pretty on top of getting the payments stopped when it comes time, so we'll hope for the best. I'm not sure what will happen if he doesn't, because he got back to me today and said we will be making Dec. 2009 mortgage payment on our own. That will be tough enough with one bi-weekly payment remaining in Dec., but will be impossible if we're still paying the trustee.

Doesn't it feel like you're almost set up to fail coming out of the gate? You have to start making your mortgage payments, they keep taking your money and just sit on it for a few months. It hardly seems right or fair!

[Purple]

I made my final payment after a 36 month plan. I got my discharge in the mail exactly 1 month later (just this past Saturday!). "Yay!" to Colorado trustee! They were always so nice whenever I had to call, etc., and obviously, they are very efficient. Hang in there, everyone who is still paying.....its such a wonderful feeling to be finished. You CAN make it!!!

[epiphany]

AT, I can't answer any of your questions, sorry, simple7 girl here, but I applaud you for being proactive!

I wish more people would be so things would not come out of seemingly nowhere to bite them in the arse.

ep

[DebtSlave]

Hang in there.

I was told to expect discharge by January because the courts are swamped.
I expected as much.

And I am aware it will take an additional 2 years of prudent financial behavior to repair my credit after discharge.

None of this is easy but it is doable. I had no other choice and have accepted that when I made this business decision.

Otherwise I would have been a slave to predatory interest payments for the last 20 years of my life.

Good luck to you !