Form: 1328 Debtors certification of compliance with 11 U.S.C.

[wooisme]

This is the form that is filed by us the debtors (which i didn't know about) telling the court that we were in compliance with the bankruptcy law and made all our payments saying that the trustee has filed a notice of completion of payments....

BIG QUESTION: We sign this...........when do we sign it. WHEN does it get sent in to the court....................anyone know? last payment is September

[LadyInTheRed]

I can't find a form 1328. Do you mean form 23 which is required by Federal Rule of Bankruptcy Procedure 1007(b)(7)?

An individual debtor in a chapter 7 or chapter 13 case shall file a statement of completion of a course concerning personal financial management, prepared as prescribed by the appropriate Official Form. An individual debtor shall file the statement in a chapter 11 case in which § 1141(d)(3) applies.

Rule 1007(c) requires the form be filed before you make your last plan payment:

In a chapter 7 case, the debtor shall file the statement required by subdivision (b)(7) within 60 days after the first date set for the meeting of creditors under § 341 of the Code, and in a chapter 11 or 13 case no later than the date when the last payment was made by the debtor as required by the plan or the filing of a motion for a discharge under § 1141(d)(5)(B) or § 1328(b) of the Code. The court may, at any time and in its discretion, enlarge the time to file the statement required by subdivision (b)(7).

http://www.law.cornell.edu/rules/frbp/rules.htm

Based on the last sentence of 1007(c), I suspect a court is unlikely to deny a discharge if the form is filed late. Not that it should be an excuse for your attorney not to file it on time.

I suggest you call your attorney 2 to 4 weeks before you plan to send your final payment and ask him to prepare and send the form for your signature and send you confirmation of filing before you send your payment.

[MSbklawyer]

It may be a local form that your court requires. 1328 is the section of the bankruptcy code that provides for discharge in chapter 13 cases. But I've never heard of a 1328 form either.