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Help me understand..motion withdrawn

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    Help me understand..motion withdrawn

    Hi. I'm in Ch. 13 (since Aug. 2008). The plan base has been paid and the court sent out the order to stop the wage attachments. Today I got a notice in the mail from the court (West. PA district) that "It is hereby ordered the motion to Terminate Wage Attachment filed by the Debtor at the above number is withdrawn and the hearing set for October 16, 2013 is cancelled".

    Does this mean that they are going to attach my wages again? My case was due to be discharged in or around October. I have a sick feeling that my discharge is on hold. This is gut-wrenching...

    #2
    Go to 13DataCenter or PACER and check the status of your case. If there is no logical reason for the notice then it has to be a mistake - which the BK court rarely commits. And get in contact with your attorney.

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      #3
      Thanks kornellred. The latest update on the 13DataCenter says case closed on 08/28/13 and the case is current as of 9/18/13. In fact the wage attachment stop order was dated 9/17 and this 'motion withdrawn' was dated 9/16. So something is screwy here. For sure I will contact my attorney, but since it's the weekend, I thought I'd reach out and get some feedback before then.

      Thanks for replying

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        #4
        This is very interesting, so close to end, maybe you are getting discharged?

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          #5
          Hoping you are! Good luck!
          Discharge date: October 2017 (will it ever get here?)

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            #6
            GOOD NEWS... it was a redundant set of stop order requests! The trustee had already issued a stop order request before my attorney had issued his own request on my behalf. Normally this is not a problem, but we have a new bankruptcy judge in the Western District of PA. He wants all the paperwork cleaned up and there are to be no redundant orders or requests.

            WHEW.... what a relief!

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              #7
              I was going to write that your attorney probably sent a Motion to Vacate Wage Order but the Trustee did one as well. In some Districts, the Trustees send this stop order, and in other Districts it is the responsibility of the attorney/debtor.
              Last edited by justbroke; 09-23-2013, 11:04 AM.
              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.

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                #8
                glad to hear awesome news! Congrats!!

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                  #9
                  Originally posted by kornellred View Post
                  If there is no logical reason for the notice then it has to be a mistake - which the BK court rarely commits.
                  Kornellred is spot on with this. The BK Court rarely commits errors, however between others that have access to your case, ie lawyers/creditors, mistakes are not uncommon. ANY document that is submitted in error must be withdrawn. They don't just "go away".
                  All information contained in this post is for informational and amusement purposes only.
                  Bankruptcy is a process, not an event.......

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                    #10
                    Yeah, he (my attorney) said he did what he normally does. But we just got a new judge here in Western PA. That might have had something to do with it.
                    Thanks EVERYONE for your concern and help!

                    Comment


                      #11
                      Yes it is going to be stressful now that you are nearing discharge. The waiting is the hardest part. I can imagine what ours will be like starting next year. Nearly 4 years with little to no contact with our attorney/trustee and now an anticipated barrage of communication. Hoping and praying no glitches arise.
                      Filed July 2009. Discharged 08/08/2014. Awaiting closing. We made it !!!! Woo-hoo!

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