I think I wanna scream...Yeeppiiii

[fournee1]

On Data13 it reads.....
Case status....completed..pending final distribution
Balance on hand........380
Last receipt date......7/14/14
Last distribution.......6/20/14
%..............52.23
Petition filed......6/10/11
341..........7/6/11
Date confirmed....7/28/11
Date closed.....8/26/14

Does closed mean discharged? I received a letter today stating.DISCHARGE OF DEBTOR AFTER COMPLETION OF CHAPTER 13 PLAN from bk courts. also, balance on hand is far less than what it should be. Money is still being taken out of my payroll checks. Almost 2 months worth of deductions. Pacer also shows the same balance. Who is holding that money? I'm in Illinois if it matters.

Thank you all for your awesomeness. Not sure if I should be celebrating now, if I am, then I want the happy dance from my friends here. Lol.

[fournee1]

I think I wanna scream...Yeeppiiii

On Data13 it reads.....
Case status....completed..pending final distribution
Balance on hand........380
Last receipt date......7/14/14
Last distribution.......6/20/14
%..............52.23
Petition filed......6/10/11
341..........7/6/11
Date confirmed....7/28/11
Date closed.....8/26/14

Does closed mean discharged? I received a letter today stating.DISCHARGE OF DEBTOR AFTER COMPLETION OF CHAPTER 13 PLAN from bk courts. also, balance on hand is far less than what it should be. Money is still being taken out of my payroll checks. Almost 2 months worth of deductions. Pacer also shows the same balance. Who is holding that money? I'm in Illinois if it matters.

Thank you all for your awesomeness. Not sure if I should be celebrating now, if I am, then I want the happy dance from my friends here. Lol.

[jange]

Congrats!!! I still have 4 months left so I can't tell you for sure. I would think the discharge would be on pacer. But it sounds like the letter may be your discharge. Did you check with your attorney about stopping the payments?

[pamkev]

[spidge]

Congrats, and any extra funds taken will be refunded to you.

[LadyInTheRed]

It sounds like you got the discharge order. Congratulations!

Data13 is not a court record. The closed notation there is not an indication that the case in the BK court is actually closed. Your case won't be closed until the all funds have been disbursed and the checks cashed. If your wage order hasn't stopped, contact your attorney.

[dmc-2008]

Congrats!!!!

[fournee1]

Thank you. I will.

[kornellred]

fournee1 - a great number of Chapter 13 debtors get a little bit anxious when their plans are at or near completion. One issue that tends to be brought up constantly is the "date closed" item on the NDC or Data13 or whatever venue the trustee uses to post case information. This date will invariably be one that is after the final plan payment is received. At what point an individual Chapter 13 trustee considers a case "closed" may vary, but the point to be made is that the trustee's "case closed" is NOT the BK Court's "case closed".
A trustee cannot recommend the discharge of a debtor to the Court until all plan payments have been received and distributed, the appropriate affidavits have been posted by the debtor attesting to the completion of the financial management course and the status of Domestic Relations orders (if any) such as child support, and the Final Audit of the case has been completed and submitted. A lot of this occurs AFTER the trustee's posted "case closed" date.
Now on to the BK Court. The Court reviews the trustee's recommendation for discharge of the debtor. If no mistakes or omissions are noted, the discharge is granted. About one month after the Discharge, the BK Court closes the case. After the BK Court "case closed" date, the discharge can never be questioned or revoked.
The debtor will be kept apprised of the ongoing procedure. Most communications from the trustee to the debtor contain language that explains the time frame to be expected and/or allowed by law for all of the necessary procedures to occur. It can be a bit confusing and the psychological time dilation factor associated with personal expectations can be bothersome, but the discharge WILL come if you have fulfilled the requirements.

[LadyInTheRed]

A trustee cannot recommend the discharge of a debtor to the Court until all plan payments have been received and distributed, the appropriate affidavits have been posted by the debtor attesting to the completion of the financial management course and the status of Domestic Relations orders (if any) such as child support, and the Final Audit of the case has been completed and submitted.

That is not true. A discharge is to be entered as soon as practical after the debtor completes the plan payments, files a certificate of completion of the financial management course and a statement re any domestic relations orders. But, the funds do not have to be distributed and the case does not have to be audited in order for the debtor to be discharged. Those are requirements for the case to be closed, not for discharge.

I received a letter today stating.DISCHARGE OF DEBTOR AFTER COMPLETION OF CHAPTER 13 PLAN from bk courts.

That sounds like a discharge order to me. But, I can't say for certain based on the description. Does it look something like this, but with a court stamp on it showing the date it was filed?: http://www.ilnb.uscourts.gov/sites/d...arge_order.pdf

[fournee1]

That is exactly it. I went on Pacer and it reads 'BNC Certificate of Notice-Notice of Discharge' filed 8/26/14 entered 8/28/14...I think thats what Ive been waiting for.

I found a mortgage broker who will assist me after I get my papers. Is the Notice of Discharge, IT??? Thank you all for your responses and continued caring...

[LadyInTheRed]

That is exactly it. I went on Pacer and it reads 'BNC Certificate of Notice-Notice of Discharge' filed 8/26/14 entered 8/28/14...I think thats what Ive been waiting for.

I found a mortgage broker who will assist me after I get my papers. Is the Notice of Discharge, IT??? Thank you all for your responses and continued caring...

You need to look for the order of the court stating you are a discharged, not a Notice of Discharge. Was the document you received in the mail an Order with a court date stamp on it? If there is an order, you should be able to download a copy of the actual order from PACER. I found at least one court that has local rules requiring a notice to go out before discharge. So, I should clarify my statement quoted below to say that local court rules may provide for other requirements to be satisfied before a discharge is entered. Either that or I'm missing something about the discharge requirements and I am just plain wrong. In any case, until an Order for Discharge appears in PACER, you have not been discharged. That I know for certain.

That is not true. A discharge is to be entered as soon as practical after the debtor completes the plan payments, files a certificate of completion of the financial management course and a statement re any domestic relations orders. But, the funds do not have to be distributed and the case does not have to be audited in order for the debtor to be discharged. Those are requirements for the case to be closed, not for discharge.