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Question about Ch. 13 discharge requirements, if filed before October 17,2005

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    Question about Ch. 13 discharge requirements, if filed before October 17,2005

    I am trying to find out if the Clerk of Courts office made a mistake. I originally filed for a Chapter 13 on 10/15/2005. The payment records on the Trustee's web site even show it.
    My last payment was 10/2011. Today I received a "Order approving Chapter 13 Trustee's report discharging Trustee, Canceling Bond and Conditionally closing estate without entry of discharge".
    I was told by my original attorney who I later fired, that I would not have to do the Financial Certification because I filed prior to the new laws taking affect. Now this order says I need to reopen the case and file a certificate of Financial Management and a domestic support obligation certificate.
    This letter comes six months after my last payment.
    Is this a clerical mistake or do I have to reopen this mess?

    Thanks

    #2
    You say your last payment was 6 months ago. . . that would be December, 2011. Are you telling us that your Plan lasted 6 full years? If you filed in 10/05 your 1st plan payment should have been in either 11/05 or 12/05. Unless FL allows a debtor to count the 60 months from the month of Plan Confirmation and it took a year to Confirm, your case should have ended in late 2010. Are you sure you filed in 2005?

    If you did file before the change in the law, your case should have been "keyed" as a pre BAPCPA case. My guess is that there indeed was a clerical error. Call the Clerk of the Court tomorrow. Point out the error and it should be fixed
    immediately.

    Des.

    Comment


      #3
      Originally posted by despritfreya View Post
      You say your last payment was 6 months ago. . . that would be December, 2011. Are you telling us that your Plan lasted 6 full years? If you filed in 10/05 your 1st plan payment should have been in either 11/05 or 12/05. Unless FL allows a debtor to count the 60 months from the month of Plan Confirmation and it took a year to Confirm, your case should have ended in late 2010. Are you sure you filed in 2005?

      If you did file before the change in the law, your case should have been "keyed" as a pre BAPCPA case. My guess is that there indeed was a clerical error. Call the Clerk of the Court tomorrow. Point out the error and it should be fixed
      immediately.

      Des.
      The case was filed on 10/15/05 as a Chapter 7, it was converted to a Chapter 13 on 10/30/06 and the case was completed on 10/26/11. I hope that clears up the timeline a bit. First payment was 11/06.
      Thanks for the feedback
      Last edited by MAL; 06-21-2012, 07:35 PM. Reason: add on

      Comment


        #4
        Originally posted by MAL View Post
        The case was filed on 10/15/05 as a Chapter 7, it was converted to a Chapter 13 on 10/30/06 and the case was completed on 10/26/11. I hope that clears up the timeline a bit. First payment was 11/06.
        That sure does clear it up.

        Des.

        Comment

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