topic Re: Chapter 13 Discharge Questions in Bankruptcy

Chapter 13 Discharge Questions

Eppie1983 — Thu, 02 Jun 2022 01:10:21 GMT

1. What triggers trustee audit? Do they just know when the balance goes to 0 or is it triggered by the motion to discharge my lawyer files?

2. Can the lawyer file motion to discharge as soon as last payment is recieved?

3. Anyone in Maine that can attest to how long it took them to go from last payment date to recieving their discharge order/letter?

Re: Chapter 13 Discharge Questions

coreyb80 — Thu, 02 Jun 2022 16:02:14 GMT

@Eppie1983 wrote:
1. What triggers trustee audit? Do they just know when the balance goes to 0 or is it triggered by the motion to discharge my lawyer files?

2. Can the lawyer file motion to discharge as soon as last payment is recieved?

3. Anyone in Maine that can attest to how long it took them to go from last payment date to recieving their discharge order/letter?

1. Once you hit 0 they triggers an audit for them to start the process.

2. Discharge is done automatically by the court.

3. I'm in Illinois and it took me a few months to get mine done. I just received a refund for overpayment last week.

Re: Chapter 13 Discharge Questions

TRC_WA — Thu, 02 Jun 2022 18:29:42 GMT

@Eppie1983 wrote:

3. Anyone in Maine that can attest to how long it took them to go from last payment date to recieving their discharge order/letter?

It varies state to state.

I made my last payment in mid March and got my discharge a week or so later.

Re: Chapter 13 Discharge Questions

Eppie1983 — Fri, 03 Jun 2022 00:50:38 GMT

Hey TRC

I dont know why it seems to take so long here. My lawyer says he has to file a motion to discharge and set a hearing in court. Also has to give creditors 30 days to contest. Did any of you guys see that at all? A week or so seems super fast. Am I confusing terms? I need whatever discharge paperwork allows me to do a VA loan and get credit again. Thats what im after

Re: Chapter 13 Discharge Questions

TRC_WA — Fri, 03 Jun 2022 16:40:46 GMT

@Eppie1983 wrote:
Hey TRC

I dont know why it seems to take so long here. My lawyer says he has to file a motion to discharge and set a hearing in court. Also has to give creditors 30 days to contest. Did any of you guys see that at all? A week or so seems super fast. Am I confusing terms? I need whatever discharge paperwork allows me to do a VA loan and get credit again. Thats what im after

I have no idea. I can give you the exact timeline of what happened to me though in Washington state. I filed in Jan 2017 and was expecting the final payment to be Jan 2022... I made said payment expecting the discharge in Feb.

In early March the trustee told me I still owed $730 due to my math errors (I had a bi weekly payment amount but I paid once a month... 12 mo x 4 = 48 weeks but there are 52 in a year) I was never told I was "falling behind" by the trustee or my attorney.

In mid March I made the new final payment... I sent $800 just in case. The trustee's clerk told me that the audit would be done and the discharge too in a matter of days. I got the stuff in the mail a week or so later... my discharge as well as a $70 refund check for my final overpayment.

Never heard anything about creditors having 30 days to object... it was really a smooth process.

Re: Chapter 13 Discharge Questions

Eppie1983 — Tue, 07 Jun 2022 00:42:16 GMT

Last payment arrives at the trustee arrives Wednesday to them. I signed motion to discharge which included the 1328 statement. Wednesday morning my lawyer is filing my motion to discharge with a hearing date of 7-27! Wish it was sooner.