Would it be a bad idea just to let them dismiss our chapter 13? 12 Answers as of August 28, 2013

We currently pay 100% with a payment of $1980. The vehicle that was included in the bankruptcy was totaled. The payout was sent to the trustee, so we asked them just to apply it in full. They ended up paying almost everything owed in full. All that is left is our mortgage, which is current and has been for the last 2 years. The problem is that our payment was never adjusted. We have been overpaying by $835 for five months. We have over $4000 on hand that has yet to be dispersed and grows. We have 6 months left, but we really need to get another vehicle. Also, we have been unable to get a lawyer to respond to us. The lawyer we started with 4.5 years ago no longer works there and we cannot seem to get any response from another lawyer at that firm.

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Colorado Legal Solutions
Colorado Legal Solutions | Stephen Harkess
You need to contact another firm. Your plan should be modified and you should be able to get a final discharge.
Answer Applies to: Colorado
Replied: 8/28/2013
Stephens Gourley & Bywater | David A. Stephens
If you have paid in full, do not dismiss, talk to the trustee about a discharge.
Answer Applies to: Nevada
Replied: 8/26/2013
Law Office of Thomas C. Phipps | Thomas C Phipps
You need to file a motion to dismiss your current attorney and retain new counsel.
Answer Applies to: Missouri
Replied: 8/26/2013
Richard L. Hirsh, P.C. | Richard L. Hirsh
If there is a surplus with the trustee it should be refunded to you. You should ask that the case be discharged if all creditors are paid. With regard to the attorney, his firm is responsible for you. You can bring that to the attention of the judge as well.
Answer Applies to: Illinois
Replied: 8/24/2013
Stuart P Gelberg
Stuart P Gelberg | Stuart P Gelberg
File a grievance against your attorney if they don't respond. If there are no more creditors to be paid, you need not make any more plan payments. the trustee will not move to dismiss and you will get your discharge. Do not let your case get dismissed.
Answer Applies to: New York
Replied: 8/24/2013
    The Law Office of Darren Aronow, PC
    The Law Office of Darren Aronow, PC | Darren Aronow
    If you speak to the judge, they will get a lawyer from that firm to respond to you. If you are done, you should just file a motion to discharge and close your case early.
    Answer Applies to: New York
    Replied: 8/24/2013
    Deborah F Bowinski, Attorney & Counselor at Law | Debby Bowinski
    Ask your trustee to do a payoff calculation for you. They should be able to tell you how much remains to be paid to pay off all the claims in the case.
    Answer Applies to: Colorado
    Replied: 8/24/2013
    Janet A. Lawson Bankruptcy Attorney
    Janet A. Lawson Bankruptcy Attorney | Janet Lawson
    I don't know why the car insurance $ was turned over to the trustee, that was to get you another vehicle. Look on the trustee web page. Look up your case. See if everything is paid off. You never have to pay more than 100% (plus trustee fees).
    Answer Applies to: California
    Replied: 8/26/2013
    William Bidwell, Attorney at Law | Bill Bidwell
    I do not understand your comment about overpaying 835 for five months.
    Answer Applies to: Michigan
    Replied: 8/26/2013
    Sanford M. Martin, P.A. | Sanford M. Martin
    A Chap 13 Plan may be amended. You may contact the trustee, with information as to how your amended Plan is constructed and the reasons. Realize that if you allow your Plan to be dismissed, any debts that will be discharged or revised under you Plan will not be discharged. Such Chap 13 Plans are often amended to fit changed financial circumstances.
    Answer Applies to: Florida
    Replied: 8/24/2013
    David Andersen & Associates PC | Jeremy Shephard
    It would be a bad idea. Paying back 100% to creditors means you are paying back 100% of the creditors who filed claims. If you dismiss the case, you will owe the creditors who didn't file claims. Try contacting your firm again or consider getting a different attorney if you need assistance and aren't receiving it.
    Answer Applies to: Michigan
    Replied: 8/24/2013
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