Patiently waiting for discharge

[angel2002]

We made our final payment to the trustee mid December last year. Within about 2 weeks our status on NDC finally changed from "Active Case" to "About to close". Of course we were excited at that point. Well fast forward to now the payroll deductions are still in effect. I finally emailed our trustee earlier this week and I got a response today.

He actually thanked me for emailing him because he didn't even know we had met our plan base. We were not even on his schedule until March for cases coming to a close. I explained that the weekly payroll deductions had sped things up a bit but were still being taken out. He stated that he called the trustee office and spoke with the lady that handles the cases coming to a close and requested them to put in the order to stop the deductions. Unfortunately I was mistaken in thinking that even though we had met our plan base we would receive our discharge shortly thereafter. Apparently (not sure if this is true for all states) we must remain in the plan for the entire duration regardless if we are paid up or not. Even if that wasn't true the lady in the trustee office explained that they are currently facing a 2 month backlog and they won't even get to our case until March.

The good news is that when I got home tonight I checked Pacer and the order to stop payroll deductions was entered this afternoon. I am thankful for that at least but sadly I think one more deduction is in order since my husbands employer does payroll on Sundays. I doubt they are going to receive it before they process next weeks checks. Oh well. I foolishly believed we were within days to a couple of weeks for discharge. Clearly we are within a few months. Hopefully it doesn't take until May.

At least those pesky payments are going to stop. In reality I should be celebrating the fact that for the most part we made it!!!! Finally our money is once again our money! My husband is beyond excited because for the first time in 3 years his checks will be normal again.

[dmc-2008]

Congrats!!! Did it go by fast?

[angel2002]

Thank you! Surprisingly it went by very fast. I can't even believe I'm saying that. At least this countdown is a lot shorter than the first one!

[BNKRPTinNC]

I know your pain. In our case NDC went from "closing" to "completed". Plan base was met but still had to pay another partial payment as they went ahead and paid the mortgage an extra month so it ended up exceeding our plan base by about $1500. Just sent in the final paperwork for discharge and should get the official notice in about 30 days.

[andy158]

Similar situation here. All our creditors are paid, but we have to go until July to satisfy the 60 months because we are not in a 100% plan. That's 6 months of additional payments. We are not happy.

[justbroke]

Similar situation here. All our creditors are paid, but we have to go until July to satisfy the 60 months because we are not in a 100% plan. That's 6 months of additional payments. We are not happy.

Your attorney should have explained that a 60 month plan is just that... a 60 month plan. The "plan base" really means nothing for an over-the-median debtor who is required to be in a 60-month plan. That base is simply a measuring stick for the Trustee to make sure that "at least" that amount is paid into the plan. So, it's not (actually) 6 months of additional payments. It's 60 monthly payments as per the confirmed plan. (Unless you are in Michigan where they do things differently.)

Maybe, someday, all Chapter 13 attorneys will remind their over-the-median income debtors about what the "plan base" really means. Until then, and unfortunately, debtors such as yourself will continue to be confused as to why they have paid everything, according to the plan base, yet still need to continue paying for months longer.

[spidge]

Congrats on a great accomplishment Angel2002. You should look forward to a refund of any overpayment.

[angel2002]

Thanks spidge and everyone else!! We are over the moon excited to get through this final phase. A refund will be welcomed. We have so much to do to our house that we've put off for the last 4-5 years so having that extra money to do it is the most amazing feeling in the world.

I just checked my email again and I swear I have the best lawyer on the planet. The email came in at 1030 this morning and he forwarded me a copy of the order to release employer from paying the trustee. Oddly enough it was sent to lender that my car was financed through as well. I don't understand that because it's been paid off for a year and I have the title in hand. Oh well. I am just shocked for one that he even bothered to email me on a Sunday and that he was able to make it happen so fast. Even though I seen it on Pacer already it really gives me peace of mind that he has such quick and efficient follow through.

Other than the birth of my kids this is the best start to a new year of my entire adult life!!!

[angel2002]

Sorry to bump up a month old thread everyone. I just had a quick question that is probably best suited for my lawyer but I figured I might get a quicker response asking it here. Not that my lawyer is slow to respond or anything but I figured I'd try here first. I already did a search and can't find any posts about Chapter 13 discharges in Colorado.

Our filing date was 3/9/11. As I mentioned we have to remain "in plan" for the entire 3 years. We are coming up on that mark here in the next couple of weeks. According to NDC the trustee has paid out all funds except for about $30 so I imagine there will be something else being paid soon, I hope, and that will just wrap everything up. The last slew of checks went out on 2/3.

Anyone know how long it will take once we hit that 3 year mark? I know I'm being anxious just like everyone else but I just HATE not knowing what happens next and how long it takes. My finger nails can't take much more chewing.

[justbroke]

It can take 60-90 days for the Trustee to perform their audit (an internal audit) and recommend discharge. At some point, you case in NDC will switch to "closing" or some other indicator.

[angel2002]

Thanks justbroke that does help. I was hoping we would be discharged before we go on vacation at the end of June. Looks like we will be cutting it close if it takes 90 days.

[justbroke]

Thanks justbroke that does help. I was hoping we would be discharged before we go on vacation at the end of June. Looks like we will be cutting it close if it takes 90 days.

It is "up to" 90 days. The time period is typically 30-45 days unless the Trustee's office is busy. A good 30-days is a waiting period to make sure all the checks, that were sent out via the NDC, have been cashed or "returned". The Trustee can't file a final report until the distribution is totally completed.

[angel2002]

Thanks again. I sure hope it's sooner rather than later. I feel like we're in one of those scenes from the movies where the athlete is going for the finish line and all everything slows waaaaay down. We're just creeping towards that line.

[dmc-2008]

Just look how close you are! Yay!!!

[grndmom53]

Thanks again. I sure hope it's sooner rather than later. I feel like we're in one of those scenes from the movies where the athlete is going for the finish line and all everything slows waaaaay down. We're just creeping towards that line.

I feel the same way. We are in a 60 month plan & make our last payment in April. It seems the last few years have flown by but now it is going so slow.....I just want this to be over.

Hang in there, you are almost done!