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Request for Dismissal by You:
Federal bankruptcy law allows you to request that your Chapter 13 case be
dismissed at any time. No one can force you to remain under a
Chapter 13 plan if you do not wish to continue. If you desire to
stop your case, contact your attorney. However, you should
understand that a dismissal will reactivate all unpaid or disputed debts,
all interest, finance charges, all late charges not allowed by the court
and all debts of creditors who did not file their claims. In
addition, you will be forced to deal with those creditors on their terms,
not yours or the Court's. The request for dismissal of your plan
must be in writing. We urge you to give careful consideration to
such a decision.
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Stopping
Payroll Deductions:
It is the
Trustee's policy to cease payroll deductions as quickly as possible when a
plan is completed. This is done during the month when the Trustee
reviews a list of cases that are completed or nearing completion.
However, to ensure that the Trustee has paid all claims filed by creditors
with the Bankruptcy Court, a review of the Court's records is
performed. On rare occasions, the court may receive a claim which
the Trustee did not and, therefore, did not pay. Any additional
claims will be scheduled for payment according to the terms of the Order
Confirming the Plan. As soon as all claims are paid in full, the
Trustee will notify your employer to stop the payroll deduction. Usually,
there is a delay in processing these instructions, and your employer may
remit one or two additional payments. These funds will be returned
to you in full, without deduction of the normal Trustee fee.
When it appears that your case is completed, the Trustee's office will
generate a "Final Report and Account," as well as a debtor
refund check. Along with disbursements to creditors, refunds to
debtors will be issued on or about the 10th of each month.
Additionally, the Trustee will submit the "Final Report and
Account" to the Court. This procedure usually takes six weeks
or longer. The Court will notify you, your attorney and all
creditors by mail of the completion of your case.
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