Motion for Entry of Chapter 13 Discharge- is this required in all districts?

[Scott50]

I have three payments left on my CH13 and I contacted my attorney to make sure that we were both on the same page regarding the remaining to do's. From what I've read on this forum- my attorney will need to file a motion for entry of CH13 Discharge within 21 (or thirty days?) of of the trustee's Notice of Plan Completion. This is in addition to Domestic Support Order Document and Financial Course Completion form B23 and Course completion certificate. The paralegal that I spoke with indicated that they don't need to file the motion for entry of discharge. Can someone refer me to ay documents or? regarding the need to file the motion. I've had major issues in the past with the law firm that I had hired for my CH13 (don't want to discuss on this post). I'm in the Northern District of Illinois.

[justbroke]

I would say just make sure you are in contact with your attorney 30 days prior to the end of your Chapter 13's payments. This will insure that you can contact them and you can get an update on what is necessary in your District to close the case. Things to look for include ending any wage deduction order, taking and filing the financial management course, the affidavit for domestic support obligations, and any motion for entry of order discharging debtor.

In some Districts, the Trustee does most of these documents, with the exception of financial management and the DSO affidavit. If your paralegal says that the Trustee handles the "administrative" closing of the case, then that is probably the process in your District.

[angel7821]

I had to speak with my trustee last month to check on what I had to do in a few months when my case comes to an end. My trustee said he will file the motion for discharge and I need to sign a DSO and I imagine I will have to file that myself since my attorney is no longer in business. He also said I have to take a 2nd financial course so I informed him that is already done. So I am just a few payments away from having this finally end and to be honest I can't wait. I already have the DSO form printed out and it is sitting in my desk drawer. If you need one Lady In The Red had posted a link for one last month so that is how I got mine.

[Scott50]

Thanks for the responses... The whole CH13 process has been an ordeal & I can't wait till its over. It's been a long time coming (five years) for my "fresh start"...

[angel7821]

Yes, 5 years is a long time, mine was for 3 years. But just remember what you will take with you as a result of this ordeal. I have learned I never want or need a credit card again. I will continue to live on a cash only basis. I will save as much as I can for when I need to buy another car so hopefully my payment won't be so high. It should be a few years till I need to even think about buying a different car. I never want to find myself in a financial crisis again. I am going to walk away from my Chapter 13 debt free and I want it to stay that way. Good luck to you in your discharge process and in your fresh new start Scott50.

[indy4wins]

Hi All:

I went through the ending process myself, as my attorney didn't help me. I got the affidavit in the mail from the Trustee, which included the information for the DSO stuff and the request for a discharge; In my state, they incorporate it in the same document. I filled everything out and I mailed it out to all of the parties concerned, and I hand carried a copy to the US Banruptcy Court House as well. I faxed over my Wage Order Release to my payroll and that stopped two weeks ago. I checked Pacer on Friday, and there was a document in there that said I was discharged. I printed it out, and read it twice, and today I'm a happy person. I'm just waiting now for the debtor refund to come in the mail. I'd like to thank everyone for their support and information. Even though I'm a newbie, I still got a lot out of it; Have a nice day everyone.

[Scott50]

Indy4wins- first off- congrats on the discharge! I want to stay on top of my attorney regarding the things that need to be done for the discharge.