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Chapter 13 - no discharge 4 months after final payment

djwreck
New Visitor

Chapter 13 - no discharge 4 months after final payment

Hi folks. I have been racking my brain around this. I made my final payment on July 1, 2014 into a 100% payment plan. I recevied a letter from my trustee saying that I non longer need to make payments and that I should receive my discharge papers 45 days from receiving the letter. That was around July 15. It is now Nov 10 and there has been no movement on my case. It is still "About To Complete" in 13datacenter. I have treid to contact my trustee and my lawyer because I need to get a bigger car since mt wife and I are now expecrting. My current car is unreliable and a bit small for a family. 

 

I was desperate and actually emailed the judge on my case since I wasn;t getting anywhere with my lawyer or the trustee. The judge's office contact my lawyers and low and behold, the law office (DeLuca) called me. FINALLY! They said I had to file a motion that will cost $800 to ask permission to buy a car while still in my Chapter 13. This was in October. They said they viewed my case file and nothing has been done. They haven't even started the audit or anything. I am just sitting and waiting. It is so frustrating because I paid 100% of my 100% plan. There is actually over a $4000 balance in my account according to 13datacenter. They haven't allocated any money since 8/1/2014 and that was a trustee fee.

 

At this point I don't know where to really turn and what to do next. Will it really take 6-7 months for this? This is in Clark County Nevada (Las Vegas). 

 

If anyone has any insight or advice, please let me know. I've been combing the forusm and most people got their discharge letter in a matter or weeks and some were 4 months at the most. I'm getting into 5-6 month territory and I just want to know what to expect.

 

Thanks.

Message 1 of 5
4 REPLIES 4
DaUsMsB
Contributor

Re: Chapter 13 - no discharge 4 months after final payment

We were discharged in West TN in march...I dont know the exact date we got our papers...but it was at least a month.  Actually I know my wife drove and picked them up.  We moved out of state before discharged for work.  She went to our lawyer's office and they provided us with discharge papers.  So I'd contact your lawyer.  I know they're slower to get in touch with you now that you've paid...but they should work with you still.

Message 2 of 5
djwreck
New Visitor

Re: Chapter 13 - no discharge 4 months after final payment

I have contacted my lawyer and they told me that they haven't even sent my case out for auditing yet. The status hasn't changed since July. The only thing that changed on my case so far is my status went from "next payment due" in 13datacenter to "about to complete." But it's been in "about to compelte" for the last 4 months. I have no idea how long I have to wait. What's sad is I did a 100% payment plan. There are some folks who did a 40-50% repayment plan that got their cases discharged already. Doesn't make any sense.

Message 3 of 5
DaUsMsB
Contributor

Re: Chapter 13 - no discharge 4 months after final payment

I'm pretty sure you can contact your bankruptcy court too.  I know I spoke with mine for something...I dont remember what for though.  I was able to get through with not much of a problem and they did answer my question.  I'm pretty sure I was calling about the discharge papers...maybe they can at least tell you the hold up...and if it's your lawyer...let them know to move it a long...you got crap to take care of!!!  Good Luck!!

Message 4 of 5
TRC_WA
Senior Contributor

Re: Chapter 13 - no discharge 4 months after final payment


@djwreck wrote:

 

If anyone has any insight or advice, please let me know. I've been combing the forusm and most people got their discharge letter in a matter or weeks and some were 4 months at the most. I'm getting into 5-6 month territory and I just want to know what to expect.

 

Thanks.


I got mine 3 months after the last payment...  unfortunately there is nothing to do but wait.  You can't do anything to speed things up... well... you can try I guess.

Gardening since: 3-25-15
Message 5 of 5
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