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Chapter 13 Discharge Today - But not Closed

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    Chapter 13 Discharge Today - But not Closed

    I received through pacer my discharge notice today. I noticed it was not signed by the judge. I also noticed that it said on the back "This court order grants a discharge to the person named as the debtor after the debtor has completed all payments under the chapter 13 plan. It is not a dismissal of the case."

    Pacer still lists my case as active, not closed.

    My question is - Is my case finished. Can I apply for a secured credit card at this point. My wife and I are looking to buy a house soon, and I just cannot wait until everything is finalized. My case was filed in the eastern district of pennsylvania.

    If anyone can help answer this question, it would be much appreciated. I never missed a payment, and everything is looking good to go. I just do not want to jeopardize anything at this point by applying for credit. My average credit score is 619.

    It is hard to believe my attorneys receptionist who told me I am good to go, do what you will, you case is closed. I dont know why, but I do not believe her.

    #2
    Congratulation on your completion of Chapter 13, a discharge is just what you wanted, a dismissal of your case is not what you generally want.

    I believe in chapter 13, first your case is discharged and than closed

    the court clerk usually signs the discharge, not the judge,

    Your case can now only be re-open with-in one year if new fraud is found. (Not very likely if all your papers were in order)

    Take yourself out to dinner and enjoy the moment,

    Take care,
    bkbiker
    Last edited by bkbiker; 05-30-2006, 11:30 AM.

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      #3
      actuually, the discharge comes first, then the closing. Ours was just closed last week and there was about 3 or 4 weeks between discharge and closing.
      Last edited by 13inOR; 05-17-2006, 12:31 PM.

      Comment


        #4
        I just took out like all my dates. I would wait a little while for applying just to make sure. I waited until I got case closed. It's now been a few months and within the last two weeks I've been getting a ton of cards.

        You've lived this long without credit, a couple more weeks won't hurt. Work on fixing your CR until then!
        Filed 09/05
        Discarged 1/2/06
        Closed 1/13/06

        Comment


          #5
          Thomasjon,

          Give your paperwork a chance to "catchup" with everything and all the payments... (remember the Trustee pays creditors at the end of the month)... so be patient..... all the paperwork will come down the pipeline and you will be LOOKING GOOD.............
          Minny

          "It's amazing the paths that our feet sometimes follow in life".

          My suggestions are from "personal experience" and research only. Do not consider this as legal advice. Each bankruptcy case is different.

          Comment


            #6
            The Trustee's office will do a Final Audit on your Ch 13 plan. Make sure all the Creditors that were supposed to get paid did get paid. Account for all the monies paid in and back out. That kind of thing. The closing generally comes after all that's done.
            Filed Ch 7 - 09/06
            Discharged - 12/2006
            Officially Declared No Asset - 03/2007
            Closed - 04/2007

            I am not an attorney. My comments are based on personal experience and research. Always consult an attorney in your area to address concerns related to your particular situation.

            Another good thing about being poor is that when you are seventy your children will not have declared you legally insane in order to gain control of your estate. - Woody Allen...

            Comment


              #7
              Updated Status

              Case Summary
              Office: Philadelphia Filed: 12/16/2002
              County: Philadelphia Terminated: 05/19/2006
              Fee: Paid Discharged: 05/16/2006
              Origin: 0 Reopened:
              Previous Term: Converted:
              Disposition: Discharge Granted
              Joint: n Confirmation Hearing:
              Dismissed:
              Pending Status: Awaiting Confirmation Hearing ,Case Closed
              Flags: DISCHARGED, CASE_CLOSED

              Thanks everyone - Here is my updated status from Pacer. It says discharged 5/16, terminated 5/19. I am assuming now that the case is closed. Let me know if anyone sees anything different. Thanks

              Comment


                #8
                I already was approved

                for Unsecure Orchard bank - $300.00
                and Target $200.00

                I have learned a very valuable lesson, and will never get myself into trouble again. But I do want to rebuild and eventually buy a home ASAP. My FICO is 619. Hopefully after paying off the two new cards each month, it will go up. I have been writing Equifax, etc to make sure they make the neccesary corrections. I wish I had found this forum months ago, very useful.

                Comment


                  #9
                  thomasjon ck ur private mail please
                  Filed Chapter 13: Aug 2004 Confirmed Aug 2005
                  Early Buy-Out 43/60 months: April 2008 :clapping:
                  Status: Case Closed Completed May 6-2008 :D
                  Discharged: June 2008 :D:yes2::D

                  Comment


                    #10
                    After your BK13 case is closed?

                    BKBiker states this:

                    Congratulation on your completion of Chapter 13, a discharge is just what you wanted, a dismissal of your case is not what you generally want.

                    I believe in chapter 13, first your case is discharged and than closed

                    the court clerk usually signs the discharge, not the judge,

                    Your case can now only be re-open with-in one year if new fraud is found. (Not very likely if all your papers were in order)

                    Take yourself out to dinner and enjoy the moment,

                    Take care,
                    bkbiker

                    My question is, if your case is completely closed and finished your BK13, if you sell your house within the year after BK is done is this considered fraud?????

                    Do you still have to report all your income for a year after the case is closed. I am confused here.
                    Filed Chapter 13: Aug 2004 Confirmed Aug 2005
                    Early Buy-Out 43/60 months: April 2008 :clapping:
                    Status: Case Closed Completed May 6-2008 :D
                    Discharged: June 2008 :D:yes2::D

                    Comment


                      #11
                      Pumpkin, once your case is closed you can do what you want!! Fraud would be something that you did during the 13 . . .

                      ETA: Just realized this was an old thread--why was it bumped?
                      Filed 2/2005
                      Last payment 9/2008
                      Discharged 12/2008

                      Comment


                        #12
                        We are in the same boat we got our discharge from the attorney in email pdf file not signed a mortgage company wants a signed discharge how do you get a signed discharge is what we want to know and they want a Schedule of Discharged Debtors how do we get that to.

                        Ron and Kathy

                        Comment

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