When will chapter 13 payroll deduction stop?

Bankruptcy 2 views 3 answers
Hi, I think my chapter 13 is wrapping up and just have some questions about what happens now. Mortgage is current and all secured debts are paid. Our plan allowed 0% to unsecured, plan base was $42,700. Trustee has sent notice of final cure to bank for mortgage and they have responded, agreeing that it is current. (Actually it is 3 payments ahead according to the bank website, but they are just holding this money and applying a payment monthly). Now the trustee has given a short period of time to object to the mortgage being deemed current. At this point we have paid around $1000 more than the plan base requires and the payroll deduction continues. There is around 3000$ in the trustee account. What will happen with this money? And when should the payroll deduction stop? Thanks in advance!

Attorney Answers

3
Kenneth Love ·
This question is best left for your attorney and the trustee as every trustee operates a little differently. Typically, the Greensboro trustee will send a notice to you and your employer when the payroll deduction is to stop. They should have also sent a notice to you by now about when you need to resume paying your mortgage directly. If you haven't gotten this speak to your attorney or the trustee. All money received after the plan completion notice was sent will be refunded to you.
0 upvotes
Derek Caldwell ·
Mr. Love is exactly correct. Each trustee is different and their procedures vary a little and time frames vary a bit too. The trustee will shortly send a notice to your employer to stop payroll deduction, if they have not already done so. Any money that is not required to be disbursed to your creditors by your plan and the bk code will be refunded to you.
0 upvotes
Bruce Allen ·
Any extra monies held by the trustee will be refunded to you at the end of the case. When the trustee is closing out your case they will stop the payroll deduction. I am not familiar enough with the Middle District to tell in detail what your particular trustee will do and when.
0 upvotes

People Also Asked