only 9 more payments!!! I was wondering if anyone who has been discharged or anyone really knows of a creditor objecting to the discharge. Have you heard of any cases where the 13 was extended or not discharged for some reason at the very end? I am getting paranoid that things might go wrong!!
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I am nearing completion of my CH. 13 . .
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I dont know if there was even an opportunity for the creditors to object to the discharge, when your plan is confirmed, they know what they are gonna get and have to accept it. I had one notice to my mortgage company declaring it current and all defaults had been cured and there was a time for objection on that one, but nothing to any of my other creditors.
Congratulations on your progress
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Im new to this myself. My 341 isn't until Jan 8, but I thought that the creditors have to file for any objections for discharge early in the plan. Looking on pacer, there is a date for objection for discharge that is even before my final of filed claims. Am I missing something. Can a creditor come back after your plan is confirmed and the deadline to file any claims passes, can the creditor object the discharge after all this has been done. I'm in a 13 myself.
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Filed 2/2005
Last payment 9/2008
Discharged 12/2008
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You didn't read far enough.
In chapter 12 and chapter 13 cases, the debtor is usually entitled to a discharge upon completion of all payments under the plan. As in chapter 7, however, discharge may not occur in chapter 13 if the debtor fails to complete a required course on personal financial management. A debtor is also ineligible for a discharge in chapter 13 if he or she received a prior discharge in another case commenced within time frames discussed the next paragraph. Unlike chapter 7, creditors do not have standing to object to the discharge of a chapter 12 or chapter 13 debtor. Creditors can object to confirmation of the repayment plan, but cannot object to the discharge if the debtor has completed making plan payments.
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Originally posted by AboutToBK13 View PostYou didn't read far enough.
In chapter 12 and chapter 13 cases, the debtor is usually entitled to a discharge upon completion of all payments under the plan. As in chapter 7, however, discharge may not occur in chapter 13 if the debtor fails to complete a required course on personal financial management. A debtor is also ineligible for a discharge in chapter 13 if he or she received a prior discharge in another case commenced within time frames discussed the next paragraph. Unlike chapter 7, creditors do not have standing to object to the discharge of a chapter 12 or chapter 13 debtor. Creditors can object to confirmation of the repayment plan, but cannot object to the discharge if the debtor has completed making plan payments.Filed 2/2005
Last payment 9/2008
Discharged 12/2008
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we had STOPPED paying as we'd made all 36 months payments...and were waiting for the discharge papers when a creditor stepped forward. The trustee sent us a motion stating they wanted to extend things and pay off this creditor. We almost hit the roof.
Called our attorney and he filed an objection and showed up in court. Neither the trustee nor the creditor showed up...so we won and the motion was dismissed. Today, the status of our bk finally showed COMPLETED and a refund has been issued to us. So hopefully should have the paperwork saying DISMISSED soon.
Best of luck
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Originally posted by georgiagin View Postwe had STOPPED paying as we'd made all 36 months payments...and were waiting for the discharge papers when a creditor stepped forward. The trustee sent us a motion stating they wanted to extend things and pay off this creditor. We almost hit the roof.
Called our attorney and he filed an objection and showed up in court. Neither the trustee nor the creditor showed up...so we won and the motion was dismissed. Today, the status of our bk finally showed COMPLETED and a refund has been issued to us. So hopefully should have the paperwork saying DISMISSED soon.
Best of luckFiled 2/2005
Last payment 9/2008
Discharged 12/2008
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A family friend had some drama a few years back. Don't know details, actually wife's friend, but somehow I think her mortgator claimed they didn't get paid on time or something. Don't know if it was through the BK or outside BK but fortunately she was able to show some proof.
On another forum someone got dismissed at the end had something to do with a trust not properly declared... remainderman... it got missed by the trustee initially but a creditor brought it up at the end.
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