Discharge question

[markdel16]

Still said pending discharge as of this morning. This document was just filed on 2/19, so I'll check again tomorrow and see if it's updated.

[justbroke]

Well, I hope the clerk enters the discharge shortly. It's quite an accomplishment. You may want to update your signature line!

[markdel16]

Just found another document on PACER. It appears there is a 30 day waiting period now for objections from the UST or a party in interest. Sigh.

Also, I haven't been able to edit my signature in a long time.

[justbroke]

Well, I hope the 30 days passes without a single peep! (Typically, there are no peeps and no objections, so this is not too unlike the 60-day waiting period which Chapter 7 filers must wade through!)

[BobJ]

Glad there is a sticky, but a few more questions. My wife just hit her 60 months of payments, not one payment missed, but no letters or notifications of any kind with discharge instructions or procedures. When do the payroll deductions stop and what if there are overpayments ? It says now she is paid around $1000 over her plan base and they are still deducting from her checks. Also she paid for both her initial class and exit class when filing chapter 13 but we have heard nothing about taking the exit class.

[LadyInTheRed]

Glad there is a sticky, but a few more questions. My wife just hit her 60 months of payments, not one payment missed, but no letters or notifications of any kind with discharge instructions or procedures. When do the payroll deductions stop and what if there are overpayments ? It says now she is paid around $1000 over her plan base and they are still deducting from her checks. Also she paid for both her initial class and exit class when filing chapter 13 but we have heard nothing about taking the exit class.

She should take the class right away. There is a form that has to be filed to certify she has taken the class. She should also contact her attorney about the payroll deductions and to find out if anything else needs to be done.

[Dorcella]

Recently made my final payment to Trustee but the Trustee has not disburse payment to my unsecured debt. The Network 13 only shows the percent to my unsecured debt and the amount they will receive. I have completed the financial management course and all others papers and documents needed to receive a discharge. I am bless to be almost out of bankruptcy as it just can't come soon enough. Hoping it will be over with real soon.

[Dorcella]

Have you receive your discharge if so how long did it take after you made your final payment to the Trustee?

[movingforwar]

I recieved a notice saying that my chapter 13 was closed without discharge because I failed to file the certification of domestic support obligations. I know I mailed the document to the court. Anyway I cotacted my atty offce told me to send it to them and it should be no big deal to reopen the case to get the discharge. Does anyone else here have insight they can share about this? I'm a little concerned that my creditors are going to start calling me. Thanks!

[justbroke]

I recieved a notice saying that my chapter 13 was closed without discharge because I failed to file the certification of domestic support obligations. I know I mailed the document to the court. Anyway I cotacted my atty offce told me to send it to them and it should be no big deal to reopen the case to get the discharge. Does anyone else here have insight they can share about this? I'm a little concerned that my creditors are going to start calling me. Thanks!

The court will typically allow the dismissal to be vacated, the case re-opened, and the missing document filed, without any much concern. It appears that your attorney is handling it correctly. Not that it matters now, you could take your proof of delivery (to the court) and give that to your attorney as well.

Please remember that in some States, they have special "local forms" that may need to be attached to certain documents. In any case, I think that you are in good hands.

[movingforwar]

Thank you very much for taking the time to respond to my question. I really appreciate it very much

[teddybeardj]

Final Report: Once we determine that all issued checks have been cashed, we submit a final report to the court. You will receive a copy of this report. Please be advised that your creditors will also receive a copy of this report and have the right to object to your discharge within 30 days of receipt of this Final Report.

Seriously? If a creditor objects to the discharge what would that do? Is that something that really happens??

[justbroke]

A creditor could object if your case is a total fraud, or if they feel that a.) their specific debt was not paid as per the plan, or b.) their specific debt should not be discharged because of fraud specific to that debt.

It is HIGHLY unlikely that any creditor in a Chapter 13 is going to start waving their arms around at the last minute. (An exception would be secured creditors where there may be some issues with the payments. This is the audit process that the Trustee attempts to reconcile. The Trustee will try to make sure the secured and priority creditors were paid according to the plan.)

[MObk1379]

Seriously? If a creditor objects to the discharge what would that do? Is that something that really happens??

Hi, everybody. Newbie here. I am wondering about this very question myself. According to the website for the US Bankruptcy Court, "Unlike chapter 7, creditors do not have standing to object to the discharge of a chapter 12 or chapter 13 debtor..." if said debtor has completed the plan payments. If that is the Courts' view, then why on earth would the court give creditors one final chance to object? It makes no sense to me.

[justbroke]

The payments made by the Trustee could have been wrong.