The Long Wait between Garnishment End and Discharge

[Nomad]

My first thought is don't listen to a paralegal. Those of you that have read my posts know that here in western PA we have a trustee that takes it's time between when payments end and the discharge. Most of this wait is for the trustee audit. After guidance from this board and a tustle with the lawyer I have gotten the garnishment payments to stop. In the interim I was hoping to replace my 90 Ford Probe with a new used car, and I spoke with the paralegal at my lawyer's office. She said it wouldn't be a big issue. Then, after communicating with the lawyer himself, I understand that it will take a hearing with the judge to get permission to buy another car, cost approx. $750 for the lawyer costs. If it wouldn't be so humiliating I'd write a letter to the editor complaining about the system. The upside is that the trustee is still making the mortgage payment. The trustee should, it is sitting on $12K above the base.
That was the point where I called the trustee and basically had a shoot out where I made basic competancy the issue. You cannot fight the man is the lesson of that story. The trustee didn't know the garnishment had ended and I asked them if they ever spoke with the court. She told me to have the lawyer send them a letter. I did, but I don't really know if the lawyer did. Should I care? I asked the trustee if they wanted me to mail a copy of the order ending the garnishment, and they said no. Needless to say the entire exchange did not go well. The bankruptcy was to have ended in March. Some on this board have been waiting a year between the end of garnishment and discharge. I really don't want to wait that long, but what are you going to do? If anyone has a suggestion I'd appreciate hearing it. What get's me is that the trustee is taking fee every month during this wait. I mentioned that to the trustee too, which is when the trustee representative hung up without saying good bye.

[lrprn]

Sorry to hear that your trustee conversation didn't go well. Doesn't surprise me though.

You can lodge a complaint with the US Trustee's Office - here's how - http://www.wjfa.net/bk/trustee_procedures.html . Better be prepared though - it's only been three months since March. Even before the latest crush of bk filings, it often took 60-90 days, sometimes longer, for the trustee's post-plan audit to be completed. My guess is that your trustee can easily justify to the judge and to the US Trustee's office why your case hasn't been closed yet.

[Nomad]

Thanks for that option, but I'm not quite ready to complain at that high a level. However, I will keep track of that link. I think that I'll try the squeaky wheel approach for now. One lady on the board says she has been waiting nearly a year.
I do have one question. If the BK isn't supposed to go more than 60 months and it does, then what? I beleive I'm in month 57 or 58. At 60 months I may complain as you suggested to a higher authority. Until then I will just make monthly calls and ask them how things are coming. They are required to return all calls and I would at least like to know a time when I might expect discharge, even that would help.

[jsperk]

I'm from western Pa also.I Have been calling my lawyers office to see when I'm done. I'm pretty sure I'm on month 59.The lawerys office said I'll notice when I see my paycheck and there is know extra fee coming out.He said he has know way of knowing when I will be done or when the audit starts.He won't put me through to the attorney.