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At the end of Chapter 13

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    At the end of Chapter 13

    Hello. We have been in Chapter 13 for four years. It was suppose to be complete in Oct. 08. They have still not discharged it and are still withdrawing money from our paychecks. I have called to see what to do next. They informed me that they are waiting on a letter from our mortgage company to deem the mortgage current then it will be finished and complete. I asked about the process and the trustee's office informed me they send 3 letters to the mortgage company and if no response they take it before a judge to deem it current. Well, they have already sent the letters, the 3rd letter was sent in May 2008 and still nothing. Now they will not return my phone calls, the trustee's office sent me a letter stating it could take up to 3 more months and then another month once they submit it to the court to have it dismissed. I know our mortgage company will not respond, there were no disbursements made to them for 18 months from 1/2005 to 6/2006 because they had not sent in paperwork to the trustee's office and evidently the trustee never did anything about it either. I probably would have not found out about it except I was checking to see what the payoff on our house was, that has since been straightened out. I am just curious what we can do if anything to get this over and done with. We have made all our payments, were never late, and we are ready to be done with this. Does anyone have any ideas?

    #2
    Hi - my experience: I filed in 2002, discharged in 2007. At the end, I just called my atty and asked about last payments. She called trustee, called me back, said one more payment and it was done. Rec'd letter from trustee in September. Tough 5 years but I made it. I never posted here, but read thru the forum probably every day. A great place for peace of mind!

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      #3
      lakemead... congratulations!
      Chapter 7 (No Asset/Non-Consumer) Filed (Pro Se) 7/08 (converted from Chapter 13 - 2/10)
      Status: (Auto) Discharged and Closed! 5/10
      Visit My BKForum Blog: justbroke's Blog

      Any advice provided is not legal advice, but simply the musings of a fellow bankrupt.

      Comment


        #4
        Originally posted by ecspc06 View Post
        I am just curious what we can do if anything to get this over and done with. We have made all our payments, were never late, and we are ready to be done with this. Does anyone have any ideas?
        Call your attorney immediately and get him/her involved *NOW* calling your trustee and/or getting the judge in your district involved right now if necessary. He/she can also send a stern letter to the mortgage company on your behalf as well to get them off the dime.

        You will get all the extra cash taken out of your checks back when the trustee completes your final audit, but it is unfair for you to have to continue to pay for 6-8 months after your plan is supposed to be over. Let your lawyer do his job representing your interests in this 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


          #5
          I received a letter from the Trustee informing me I had to contact the mortgage company in writing and have them contact the atty and trustee with the information that my mortage account is current.

          That is the last phase of my final accounting.

          Now I have to determine to which address of Wells Fargo this letter is to be sent. Perhaps I will use all 3 addresses listed on the reverse side of my monthly statement.
          Good luck to you .
          I still don't believe this is almost over!
          CH 13 OLD LAW
          10/14/05
          Closed completed
          Final accounting 04/2009

          Comment


            #6
            Originally posted by DebtSlave View Post
            I received a letter from the Trustee informing me I had to contact the mortgage company in writing and have them contact the atty and trustee with the information that my mortage account is current.

            That is the last phase of my final accounting.

            Now I have to determine to which address of Wells Fargo this letter is to be sent. Perhaps I will use all 3 addresses listed on the reverse side of my monthly statement.
            Good luck to you .
            I still don't believe this is almost over!
            Don't forget to use the Bankruptcy address too.
            Chapter 13 filed -8/12/04
            Plan approved- 7/11/05
            Date discharged--10-12-2007
            Date closed- 12/6/2007:yes2::yes2:

            Comment

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