Ch 13 discharge

[Clay3007]

The trustee finally has entered on pacer today a notice of plan payment completions and requests for discharge. How long am I looking at for the final discharge papers now? I know districts are different but how long has others taken?

[justbroke]

Typically, the notice of plan completion and the motion for entry of discharge order are a signal that creditors have 30 days to object to the discharge. The Trustee will also wait for checks to clear (at least 30 days) after sending them out. I suspect that they'll send out the checks at the end of the month.

Give it 30-90 days with the average being 60 days.


Of course, the specific trustee, division, and district may impact this.

[Clay3007]

Well sh*t I was hoping we were closer. All check have been sent out. I’m just waiting on my last refund check to arrive. The rest of the checks were mailed at the end of August.

[justbroke]

Oh, if they've been sent then your Trustee is ahead of the game. They just have to do their final report (final accounting). They typically wait until a minimum of 30 days to make sure all of the checks were delivered and cashed. Once that is done, they can do the final accounting and return any other funds that remain.

[Happygirl]

This was my timeline:

Date Plan Filed: 07/30/2019
Date Case Confirmed: 12/05/2019
Plan Payments Complete: 08/01/2024
Trustee's Interim Final Report Filed: 9/3/2024
Received Discharge: 10/8/2024

[Clay3007]

ORDER AND NOTICE REGARDING 11 U.S.C. § 1328(h)
On October 11, 2024, Michael A., the chapter 13 Trustee, filed the Notice of
Completion of Plan Payments and Request for Discharge (ECF Docket No. 43 stating that (“Debtors”) have completed all payments provided for under the
chapter 13 plan submitted and confirmed by this Court; Debtors’ case is before the Court for a
determination pursuant to 11 U.S.C. § 1328(h) of whether Debtors are eligible for a discharge in
the above-captioned case; 11 U.S.C. § 1328(h) provides:
(h) The court may not grant a discharge under this chapter unless the court after
notice and a hearing held not more than 10 days before the date of the entry of the
order granting the discharge finds that there is no reasonable cause to believe that—
(1) section 522(q)(1) may be applicable to the debtor; and
(2) there is pending any proceeding in which the debtor may be found guilty
of a felony of the kind described in section 522(q)(1)(A) or liable for a debt
of the kind described in section 522(q)(1)(B).
11 U.S.C. § 1328(h).
THEREFORE, IT IS HEREBY ORDERED THAT:
1. Debtors are directed to file the attached Debtor’s Certification Regarding
11 U.S.C. § 1328(h) and Motion for Entry of Discharge (the “Certification”) certifying the facts
that are applicable to Debtors’ individual circumstances. In joint cases, each debtor is required to
file a separate Certification.
2. date of service of this Order.
3. If Debtors fail to comply with this Order, the Court will have reasonable
cause to find that (1) 11 U.S.C. § 522(q)(1) is applicable to Debtors and (2) there is pending a
proceeding in which Debtors maybe found guilty of a felony of the kind described in 11 U.S.C.
§ 522(q)(1)(A) or liable for a debt of the kind described in 11 U.S.C. § 522(q)(1)(B). As a result,
Debtors’ bankruptcy case will be closed without discharge.
# # #
The Certification must be filed on or before twenty-eight (28) days from the

[Clay3007]

This was posted on pacer today. I’m assuming this is just the courts way of verifying everything g has been completed? We already did our second course at the beginning and turned it in to our attorney. I’m guessing they send that certificate in? If not I have it in my files.

[justbroke]

Sounds like your attorney has to file this and you probably need to sign it. I'd make sure my attorney received the notice and they are taking the next steps. It appears to be a Local Form and specific to certification of not exceeding certain exemptions (e.g. the homestead exemption) and that you have not committed any felonies as enumerated.

EXAMPLE Local Form for Ohio Northern District:

https://www.ohnb.uscourts.gov/sites/default/files/local-bankruptcy-forms/ch-13-certification-and-motion-entry-discharge.pdf

[Happygirl]

It took us a little over 30 days to get a discharge following the notice you posted above. Probably different for everyone but thought you would want to know!

[Clay3007]

Sounds like your attorney has to file this and you probably need to sign it. I'd make sure my attorney received the notice and they are taking the next steps. It appears to be a Local Form and specific to certification of not exceeding certain exemptions (e.g. the homestead exemption) and that you have not committed any felonies as enumerated.

EXAMPLE Local Form for Ohio Northern District:

https://www.ohnb.uscourts.gov/sites/default/files/local-bankruptcy-forms/ch-13-certification-and-motion-entry-discharge.pdf

Yes this check list was the 3rd page of the document on pacer. It would not let me post it. With the text body. But I will call the attorney in the morning and inquire about it.

[Clay3007]

It took us a little over 30 days to get a discharge following the notice you posted above. Probably different for everyone but thought you would want to know!

Thank you!