Nearing the End.....

[jkmommy]

We are THISCLOSE to the end of our five year plan. We live in Ohio Southern District. I am wondering if we have to do anything to get a discharge or if the attorney or trustee begin the process. We have completed our mandatory class and should be done by March. I hate to call the lawyer because I don't think he did us any favors. Basically sent us a letter after confirmation saying we are on our own after that.

Thanks in advance, Jkmommy

[LadyInTheRed]

Your attorney is your attorney throughout your case unless he files a withdrawal that you have signed or he gets the permission of the judge to withdraw (see Local Rule 2091-1). He doesn't have to do you any favors. But, he is still your attorney if one of those things hasn't happened.

Before a Chapter 13 discharge, the debtor must file a Debtor's Certification Regarding Issuance of Discharge Order that is available from the trustee's office or website. (See Local Rule 4002-1(d)). Your attorney should file that certification for you. Whether they can charge you an additional fee to do that depends on your fee agreement and what has been filed with the court regarding his fees. See Local Rule 2016-1(b). As you will see in that rule, if your total attorney fees were $3500 or less and your attorney did not itemize the services in a fee application or disclosure, then the preparing and filing of the certification must be included in the fee.

The Southern District Ohio Local Rules are at https://www.ohsb.uscourts.gov/pdffil...n_01012013.pdf

[jkmommy]

Thanks so much. I would GLADLY pay more if necessary. Can't wait to be done. It's been a long five years.

[LadyInTheRed]

I know the feeling! My last payment is in April.

[Pandora]

[dh7448]

I contacted my lawyer and she emailed the Certification. I signed it and dropped it by the office. My last payment was August 30th. Finally discharged last week. Western VA