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Established Member
doxiemom
Posts: 11
Registered: ‎02-05-2012

Chapter 13 discharge

 I live in GA.    I am waiting for my chapter 13 discharge.  Payments to my trustee are still coming out of my check.  I have been overpaying since November.  My trustee has still not sent out my last disbursement to my creditors.  My employer has called my trustee and I have called them to find out when my payroll deduction will stop but we never get anywhere.  How long does it usually take for them to stop the payroll deductions and then how long does it take for me to get my discharge?

Chapter 13 discharged 02/12
TU 627-10/12, 647-01/13
EQ 638-10/12, 664-3/13
New Contributor
RecoveringShopaholic
Posts: 61
Registered: ‎12-18-2011

Re: Chapter 13 discharge

They cant until the trustee motions to stop/cancel wage order.  You more than likely need to get your attorney to file a motion for final accounting, this compels the trustee to wrap up your case within 21 days and gives you a final accounting.  What typically happens it they will do final disbursement, then they will wait 21 days then issue you a refund, then motion to close your case, your attorney will then have to give 21 day notice (simultaneously) to your creditors to dispute or cease claim, after that time, the final accounting is submitted your case is closed and discharge papers are issued. 


Starting Score: 479 (TU) 481 (EQ) 508 (EX FAKO) November 2011
Current Score: 687 (TU 3/26/2012 Lender pull) 658 (EQ 3/15/12 Score Watch) 640 (EX FAKO)
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Contributor
JaneS1123445
Posts: 108
Registered: ‎03-04-2012

Re: Chapter 13 discharge


doxiemom wrote:

 I live in GA.    I am waiting for my chapter 13 discharge.  Payments to my trustee are still coming out of my check.  I have been overpaying since November.  My trustee has still not sent out my last disbursement to my creditors.  My employer has called my trustee and I have called them to find out when my payroll deduction will stop but we never get anywhere.  How long does it usually take for them to stop the payroll deductions and then how long does it take for me to get my discharge?


If you've already made your last payment and they are still deducting, you need to have your attorney send your employer a Stop Wage Deduction letter. After that happens, whatever has been overpaid will be refunded to you from the Trustee, like the previous poster mentioned, once an accounting is done. Be warned though, they take their time with this and you may not get what you've overpaid back right away.

New Visitor
indy4wins
Posts: 1
Registered: ‎05-17-2012

Re: Chapter 13 discharge

[ Edited ]

Hello All:

 

I have almost completed month 56 of 60 in my CH 13 case;  I appreciate all of the information on this site;  My ex-wife and I filed together originally, and my lawyer insisted that we had to have all of the payments come out of my pay check, because I made the most;  That's good, well, and true, but I got divorced in 2010, and my ex-wife has never paid a dime for this case;  My last day is 10/3/2012;  I have had a better relationship with the trustee's office, than with my attorney, who is really difficult to deal with, even after paying him a lot of money for practically doing nothing, except for  filing the paperwork, and showing up for a creditor's meeting;  I'm hoping to get the wage order pretty quickly, after 10/3/12, as this has been on my shoulders solely, so if anyone can offer any other info, on the best route to go, to get the wage order as quick as possible, please let me know;  I would appreciate it;

 

P.S..  If you live in the state of MD, do not retain the services of edited,  ESQ, for any legal matter;   I like him as a friend, but not as a lawyer to represent me;  I called in in August of 2011, and I almost had to threaten him with getting in touch with the BBB this spring, to get him to call me back;  It shouldn't be that way!!!!!!!!!!!  Thanks and have a nice day all!  

 

To all of the debtors out there, past, present and future:

 

Our plan was modified in June of 2010, because of the divorce;  We got the payments reduced because of 2 incomes and 2 households;  It took time for the courts, to take out the updated payments, so we paid more on the base for about 2 months, than we should of been paying;  The result is  my case will be paid off after 58 months;  The trustee is insisting that I have to stay in the plan for the entire 60 months;  They claim that an unsecured claim came in late as part of surrendered property, ie..  "a timeshare";   They are saying that once Aug 3, 2012 passes, the day my plan base is paid, the money I will still be paying for 2 months past that day, until the plan is over on 10/3/2012, could go to this "late unsecured claim', if a claim is filed;  I didn't think that was possible;  My attorney is "betting the farm" that a claim won't be filed;  Can anyone shed some light on this;  I would appreciate it;  Thanks again!

 

 

Edited to remove another person's name. - llecs, myFICO moderator

 

 

 


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