Discharge Question, and CR Questions

[PAPERBOYS]

Logged into Pacer, and says Both debtors are discharged as of the 14th of August. A long, and relatively easy 60 months. Have not received anything in the mail as of yet. Does this mean we are done, and can move on.. We have a $1900.00 balance in NDC, do we get this returned, and what timeframe?

How should the secured report? I have a late from 2010? Didn't know they could report during live BK? What should accounts say now they are all discharged?


Thanks to all those that post their questions, and reply, this is a great informational site!

I modified my Mortgage from 5.75(30 year), to 3.25 (15 year) last year. We paid all of our secured outside the plan, never late on any secured, so modification is very possible, and for us pain free.

[LadyInTheRed]

Congratulations! You are done and can move on for all practical purposes. You got your discharge which is the important thing. It doesn't sound like your case is closed yet. Whether any of that balance gets refunded to you depends on whether trustee fees, attorney fees and all approved claims have been paid in full. If not, that money will be distributed among whatever claims have not been paid 100%.

If the 2010 late payment was after you filed BK, then you should dispute that entry. I have heard similar disputes have been rejected and there seems to be some disagreement whether such reporting is a violation of the automatic stay. It may be that it depends on court decisions in your part of the country. You might as well try to have it removed. If your dispute is rejected, talk to your attorney to find out if you have any recourse. Keep in mind that one late payment that long ago isn't really going to have a huge effect on your credit score.

How creditors should report after your discharge is much more clear. Discharged accounts should show zero balances and indicate they were included in bankruptcy (IIB) or something similar. Some will say "wage earner's plan". But that doesn't mean that accurate pre-discharge reporting should be removed.

[PAPERBOYS]

I have a boat that someone wants to buy. Can I now sell it?

[justbroke]

I have a boat that someone wants to buy. Can I now sell it?

Unfortunately, you really need to ask your attorney because I can't tell you that the property is vested in you, the debtor. (A discharge would normally revest the property back had you kept the property in the Estate. I would rather your attorney answer this specifically for you.)

(Note: I deleted a bunch of my response because it was really too detailed. The real question is whether your property has vested back in you, the debtor. I believe that only your attorney can properly answer that question.)

[PAPERBOYS]

JB, Below word for word is what is in my paperwork.

Discharge and Vesting of Property. The debtor(s) will be granted a discharge in accordance with § 1328. Property of the estate shall vest in the debtors upon entry of the discharge order.

[justbroke]

JB, Below word for word is what is in my paperwork.

Discharge and Vesting of Property. The debtor(s) will be granted a discharge in accordance with § 1328. Property of the estate shall vest in the debtors upon entry of the discharge order.

Well, there you go. Your property was vested in the Estate during the pendency of your Chapter 13 (while your plan was in progress). The property vested back to you upon discharge which you say that you received.

I'm relatively sure that you can proceed with the sale if you have your discharge order.

(Also, by "paperwork" are you referring to your Order Confirming Chapter 13 Plan, or your Chapter 13 Plan itself?)

[PAPERBOYS]

13 Plan itself, also pulled discharge off of Pacer and printed, should receive by mail in the next day or so.