Week after Chap 13 discharge Chase calling for money

[BobJ]

My wife just went though 5 years of Chapt 13, never missed a payment to the trustee, now it's discharged but Chase is saying a payment was short and we owe 630$ plus late fees.

Can they come after us saying we owe money due to them by the trustee ?

In July we got a discharge letter, Chase said the payments were upto date and and accepted the discharge. We got another letter from our trustee saying were to begin our payments again of $1237 by August 1. We paid the full amount July 30th and they said there was nothing else due. Then Aug 3rd they start calling saying our July payment was short and we actually owe $630 more, now with late fees, that was the final payment made by the trustee.

We have spend hours on the phone with them, just going around in circles, we explain the whole thing, get transferred to someone in the bankruptcy dept, tell them the whole thing again, get transferred again, start all over again, then we finally get hung up on. They just keep saying they need to research this issue, but in the mean time they call right back demanding the money having no idea we just talked to 5 people and they just said they will research our account.

[kornellred]

You must be talking about a mortgage, right? It's time to get your attorney involved. If you are talking about unsecured debt, then Chase is simply out of luck.

[dmc-2008]

Or if a lien strip they see out of luck as well!

[TheBajan]

Does anyone have more info about this?

[tobee43]

not doing a 13 myself, this seems more like what should be a common sense situation.

the trustee is not going to close the case unless the payments were completely. hopefully someone in a 13 or has completed one will give you more insight. however, one would think chase in violation for trying to collection a debt that as listed and alleviated in your 13?

[BobJ]

Yes, it's for a homeloan, the payments were behind when we entered bankruptcy, we went chap 13 to save the house. The trustee sent a letter saying all payments have now been dispersed and Chase sent a letter saying our loan was now current and accepted the discharge. We were to start paying our regular payment amount by Aug 1st, and we did. The people calling from Chase have no idea we were just in bankruptcy weeks ago and only keep saying our past payment was short.

Taking to chase is useless, it's just endless transferring to different departments. We did email our lawyer to ask them to find out who is responsible for a trustee's partial payment. We told Chase we are now waiting on an answer for our lawyer on this matter since they have yet to respond, and they said now we owe a late fee since this amount is 15 days past due.

[justbroke]

You need your attorney to deal with this. This happens quite frequently in Chapter 13s. The Chapter 13 is geared and designed to "cure" any past due amounts and any "new" past due amounts (during the life of the plan) cannot be added without the Court's permission.

The only way to articulate this to Chase is either through your Attorney or record, or if you are familiar enough with your case, Plan, and caselaw, you could weed your way through to Chase's bankruptcy department and attorneys.

In fact, I'd start using words like "violation of permanent discharge injunction", "contempt of an order of the bankruptcy court", "debt was discharged", "YOU (Chase) should speak with YOUR attorney before attempting to collect or use the word collect", etc, etc, etc.

[spidge]

Was there any closure on this issue?

What could have caused this added balance to be due at the end of the plan? Were all mortgage payments during the BK13 plan made on time? Not at issue if paid within the plan. If the 1st mortgage is paid outside the plan can the mortgage company hold a late fee balance against the loan and bill the borrower at the end of the BK13 along with added interest caused by a late payment?

[keepsmiling]

Chase was just fined another umpteen million. Go after them for more. They just don't seem to learn and those fines couldn't happen to a nicer bank.