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Requesting some insight on "BNC Certificate of Mailing"

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    Requesting some insight on "BNC Certificate of Mailing"

    So, I saw this on PACER today . . . and I opened up the document to see what it is. Basically if I understand correctly, it is asking if anyone wants to formally submit an objection to my discharge . . . but then underneath that, it says the time period to object has expired . . I am confused. Can one of my creditors till object or not? And, if not, then why are we waiting 30 days?

    Also, it says that if nobody objects by the return date, the case will discharge at that time . . . does that mean it can discharge earlier than the scheduled hearing date of May 12?

    This is some of the verbage:

    The Chapter 13 Trustee filed a Final Report and Account stating that all payments have been
    completed under the plan.
    The above captioned debtor(s) filed a Certification Requesting Discharge Pursuant to 11 USC §
    1328(a).
    PLEASE TAKE NOTICE that a hearing on the debtor's request for discharge has been scheduled
    for 5/12/11 . . .blah blah blah

    PURSUANT TO BANKRUPTCY RULE 9014 AND LOCAL BANKRUPTCY RULE 9013−1, IF YOU
    INTEND TO OPPOSE THE RELIEF REQUESTED, YOU MUST SERVE ON THE MOVANT'S COUNSEL
    AND FILE WITH THE CLERK OF THE BANKRUPTCY COURT, WRITTEN OPPOSITION TO THE
    RELIEF REQUESTED NOT LATER THAN SEVEN (7) DAYS PRIOR TO THE RETURN DATE. IN THE
    EVENT NO WRITTEN OPPOSITION IS SERVED AND FILED, NO HEARING WILL BE HELD BEFORE
    THE COURT ON THE RETURN DATE, AND THE COURT WILL CONSIDER THE MATTER AS
    UNOPPOSED.
    The date to file a complaint objecting to the dischargeability of the debtor's individual debts
    pursuant to 11 USC § 523 has passed.


    English Clarification please?

    Thanks!!

    #2
    Update . . . I found this about the ability of creditors to object to the Discharge in a Chapter 13 . . . apparently they Can NOT:

    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


    I found this right on the uscourts.gov site . . .
    What is a discharge in bankruptcy? A bankruptcy discharge releases the debtor from personal liability for certain specified types of debts. In other words, the debtor is no longer legally required to pay any debts that are discharged. The discharge is a permanent order prohibiting the creditors of the debtor from taking any form of collection action on discharged debts,


    So hmmm. . . I am still puzzled. If no creditors can object to my discharge . . then why do they go through this process, why can't it just discharge? Seems like a little silliness

    Comment


      #3
      Why? Because it is part of the process.

      When you're involved in a bk case, you consider it to be a big event. However, it is not an event, but a process. There are rules, procedures, filings, documents, dates, and they all grind thru the motions until it is complete.

      Just chill and go have a cold one. You're almost there!
      All information contained in this post is for informational and amusement purposes only.
      Bankruptcy is a process, not an event.......

      Comment


        #4
        This is their chance to speak up and say "I didn't get paid what the plan said I would" part of the process. If they don't file something objecting to the way the plan paid them, or object to the discharge based upon that, then they lose their right to complain later. Sounds like you are almost there, congrats!
        Filed Chapter 13 02/2006 - Confirmed 05/2006 - Discharged 09/2011
        I'm not an attorney. My replies are merely suggestions or observations, not legal advice. As always, consult with an attorney before making any decisions.

        Comment

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