Chapter 13 Discharge in AZ with no Attorney.

[00blackout27]

Hello Everyone,

I know there is alreaday a thread on discharge, but my case is a bit different and I would like some guidance on what to do. We only have 2 more payment of $465 each untill we have completed our financial obligation. My question is, I am not sure what we need to do after that, to get it legally discharged. My scum bag lawyer took our money and then stopped practicing in Arizona, so we dont have a lawyer to help guide us. Any help or guidance would be greatly appreciated.

Thanks!

[spidge]

I would contact the trustee directly. Does your trustee have a website? There may be helpful information there.

[justbroke]

Yes, definitely contact the Trustee. We have an Arizona-licensed attorney on here who may pop in and let you know what needs to be done. For instance, in every State you definitely need to have taken the Financial Management course (a/k/a the "second" class) and filed Official Form B23 for Certification along with the certificate. You also need to file a Statement of Domestic Support Obligations (DSOs) which affirms that you have paid off your have no DSOs, paid off your DSOs or are current on your DSOs.

If you have a wage deduction, you'll need that turned off and you probably should have already started the process for this... unless the Trustee in your District/State automatically does this on your behalf. In my District, it's the responsibility of the debtor/debtor's attorney to stop a wage deduction!

[LadyInTheRed]

Make an appointment with the self help center or call their help line. Information is at http://www.azb.uscourts.gov/filing-without-attorney

Also, looking through the court website, including the local rules is helpful.

Rule 2084-26:

Discharge

Before the Court enters the debtor’s discharge under Bankruptcy Code § 1328(a), the debtor must file a Certification that contains the information required by Bankruptcy Code § 1302(d)(1)(C) or contains a statement that 1302(d)(1)(C) does not apply and therefore the information is not required and that the debtor has complied with Bankruptcy Code § 1328(a), (f), (g) and (h).

http://www.azb.uscourts.gov/rule-2084-26

Here is the local form to fulfill the requirement: http://www.azb.uscourts.gov/sites/de...ertificate.pdf Read it to make sure everything is true. Fill in your name and case number at the top as they appear in other document filed in your case. File it after your last payment.

If you haven't taken the post-filing course, take it now.
You may need to file this form before making your last payment. See the instructions at the bottom of the form.

Go through the local rules, general orders and your judges procedures to see if there is anything else you need to do. Go through the court's website including http://www.azb.uscourts.gov/procedures

As you look through the website look for any indication of who is supposed to prepare the discharge order. Sometimes the debtor must submit it, sometimes it's the trustee or sometimes the court will prepare it. It depends on local procedures. If you are stripping a mortgage, check for guidance on how to get the final order stripping the lien.

I'm going to edit the title of your thread to hopefully draw attention of those with knowledge of AZ court procedures.

[despritfreya]

If that "scum bag lawyer" is or was P&A, follow the links to the self help center Lady posted. Speak to Tammy. If you do not feel the need to voice your opinion to Tammy, just follow Lady’s info as stated above. Follow her link to the Certificate of Eligibility which must be filled out, signed and filed with the Clerk of the Court. However, before you do, make sure you have tendered your last Plan payment, sent to your Trustee all required tax returns and paid any tax refunds you were suppose to pay (if any) and file the Certificate that you took the pre-discharge debtor education class. You can do these in any order except the Certificate of Eligibility for a Chapter 13 Discharge should be filed last.

And. . . congratulations on a successful Chapter 13.

Des.