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chapter 13 discharged but not closed?

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    chapter 13 discharged but not closed?

    How long does it take to close a chapter 13? Need some input from those done in chapter 13.

    #2
    Ch 13 doesn't really "discharge then close" the same way a Ch 7 does. Here's the typical process: the Ch 13 trustee sends you a written notice about the final payment being received, does an audit to ensure all the creditors who filed claims were paid as agreed, sends you a check for any extra left over, then the court sends out a final signed discharge by the court. Some local courts like ours require your lawyer to file a motion for discharge after the final payment is received, then there's a 30 day wait for any creditors to make a final objection to your discharge (although objections at this point are very rare).

    How long the final discharge process takes depends completely on your trustee and the discharge process in your local court. The amount of time varies considerably around the country. Some trustees discharge their 13s pretty quickly - within 1-2 months after the last payment is made. Others can take 3-4 months or more, especially when the trustee has a very large caseload. Your lawyer can tell you what to expect with your trustee.
    I am not a lawyer and this is not legal advice nor a statement of the law - only a lawyer can provide those.

    06/01/06 - Filed Ch 13
    06/28/06 - 341 Meeting
    07/18/06 - Confirmation Hearing - not confirmed, 3 objections
    10/05/06 - Hearing to resolve 2 trustee objections
    01/24/07 - Judge dismisses mortgage company objection
    09/27/07 - Confirmed at last!
    06/10/11 - Trustee confirms all payments made
    08/10/11 - DISCHARGED !

    10/02/11 - CASE CLOSED
    Countdown: 60 months paid, 0 months to go

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