07-01-2012 04:45 AM
We filed almost 5 years ago (ch 13). The primary reason we filed was a dispute I had with a former employer over relocation issue. They ended up filing a lawsuit seeking $120k. We didn't have the money to hire an attorney to fight it, so we ended up filing bk. We included all of our debts in the filing (of course) - and we included and gave our attorney a copy of the lawsuit. Our plan was confirmed with no issues (30% payback). The former employer filed a $120k claim which was consistent with our filing.
We just made monthly payment #57 out of 60. We haven't had a lot of contact with our attorney during the last 5 years. We have made every payment on schedule. I sent an email last week to our attorney asking about when/how the wage order will stop and when to expect the discharge to be finalized.
Here is where the problem is...our attorney contacted the trustee for a payoff and it looks like the former employer's balance (30% payback portion) is still $17k. So now what? We are waiting to hear back from our attorney, we found this out on Friday afternoon so now we have to worry about it over the weekend. We have been very excited about anticipating the end of this 5 year ordeal - we pay about $$1500 per month. Will they extend the plan to 6 years? Do we have any recourse? I assume that between the Trustee, our attorney, my former employer, and us - we will end up on the losing end of this deal.
Anyone have experience with a situation like this?
09-27-2012 10:45 AM
I thought that in chpt 13 Bk plan after 5 years of payments that's it.
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