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Chapter 13 discharge question

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    Chapter 13 discharge question

    We have received letters from the Trustee stating that he was closing our chapt 13 as we've made our final payment. I understand that this does not mean that it has been discharged yet.

    Today we received a letter from the trustee that he would also have sent to our creditors giving them a notice of immanent discharge and 30 days during which to object. My lawyer tells me that it is very rare for creditors to do this.

    I am still nervous. What grounds would a creditor have to object?

    #2
    They could object that they were not paid what they were supposed to be paid. They could object to dischargeability solely for fraud. In other words... there isn't much to object to. Most creditors in Chapter 13s actually sell the debt portfolios to companies like eCast Settlement, B-Real, LVNV Funding, etc. These companies buy the portfolios for pennies. They then "bet" on getting something in the Chapter 13.

    It is very rare that a creditor in a Chapter 13 to complain about a discharge. They could, technically, object to the discharge of their specific debt, but again, it's just too rare in the Chapter 13 context. They would have to prove fraud and that's a difficult hurdle for any creditor, especially that far into the Chapter 13 combined with the likelihood that it's not even the original creditor!
    Chapter 7 (No Asset/Non-Consumer) Filed (Pro Se) 7/08 (converted from Chapter 13 - 2/10)
    Status: (Auto) Discharged and Closed! 5/10
    Visit My BKForum Blog: justbroke's Blog

    Any advice provided is not legal advice, but simply the musings of a fellow bankrupt.

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