Trustee a pain until the end.

[toojerm]

So I called the trustee, since after this week's paycheck, I will owe them less than $300 (about a quarter of the normal witholding every two weeks) to ask them to stop the wage garnishment and let me get a cashier's check for the amount remaining to them by the end of May. They refuse. So after $107,600 paid back, and them already screwing out of a $500 appraisal fee for a refi they wouldn't let me do(They didn't respond before rate lock expiration), and preventing me from selling my home when my new company would have paid my closing costs during the first year of employment (jobbing me out of another approx. $12,000 benefit, they won't let me keep my own Money. 100% percent paid back. My assumption is that they ride the case into June and steal another month's fee waiting for me to cash my rebate check. Who know when they actually stop the garnishment. I am glad for those with reasonable trustees, but Eastern Washington has been an impediment every step of the way. My advice to future filers is if your going to be in a 100% payback, just settle the debt for less. It will be another two years to get a mortgage, according to every bank I've talked to in Cedar Rapids. Someone who filed a CH7 when I did in 2008 probably bought a house 3 years ago paying nothing back. Sorry about the sour grapes. I can deal with the shame (I'm very open about my situation to serve as a cautionary tale to those I know), but the current system (5 years, no flexibility, etc) is destructive to marriages and families.

[dmc-2008]

Yuck! But look at the bright side! You are done and some of us are just starting! I think u r lucky!!!

[Pjmax]

I'm sorry you have a hard-nosed TT. I think you are lucky as well, you are done, and you also HAVE A JOB to be able to pay a 13.

[justbroke]

In many cases, it's not the Trustee themselves, but their minions... I mean, staff. There are just some Chapter 13 Trustee offices that operate on a strict basis.

In any event, Wage Orders usually take time and most attorneys would already motion to end/vacate the Wage Deduction Order 30-60 days before the end of the plan. Where is your attorney on this?

[DUMBAGAIN]

So our attorney needs to file a motion to vacate the wage deduction? We only have 5 bi-weekly payments left (last payment should be July 12), I better give them a call to make sure they are on this!

[LadyInTheRed]

My assumption is that they ride the case into June and steal another month's fee waiting for me to cash my rebate check. Who know when they actually stop the garnishment.

The trustee has no financial incentive to draw your case out. He does not earn his fee based on the number of payments you make. The fee is a percentage of the amount he distributes to creditors. Make sure your attorney files a motion to vacate the wage order if it is the debtor who must do that in your court. Sometimes it is the trustee who does that. If the garnishment is not stopped before the June payment is withheld, the overpayment will get refunded to you.

I know you are anxious to be done with this and get on with your life. But, you are almost at the end! Hang in there!

So our attorney needs to file a motion to vacate the wage deduction? We only have 5 bi-weekly payments left (last payment should be July 12), I better give them a call to make sure they are on this!

It depends on the procedures in your court. Sometimes it's your attorney who files it, sometimes it's the trustee. I suggest you contact your attorney on June 12, remind him that you will be making your last payment in a month and ask what needs to be done to make sure your deductions stop and that you receive your discharge as early as possible.

[toojerm]

I called the trustee and the attorney. The attorney says that they have no further action to take (I completed the domestic obligation and the course) and to call the trustee. The trustee says that if they don't pay in full on June 2nd, then it will be July 2nd. My 2nd payment in April (Garnished on 4/24) didn't show up on data center until 5/3, normally it is with 5 days. So if my 5/23 check posts by 6/1 then they should pay it in full and give me my $900 refund. But who knows when they will actually stop the garnishment, and I really need to stop losing half of my checks.