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chapter13 early discharge due to insuffc funds

Date: Tue, 09/11/2007 - 09:13

Submitted by anonymous
on Tue, 09/11/2007 - 09:13

Posts: 202330 Credits: [Donate]

Total Replies: 2


i filed a ch13 and now my net income has changed due to employees. now i would like to take and early discharge maybe but use a program to get similar payment results without losing all my stuff u know. after your discharge form a chapter 13 neg or pos can u still make arrangements with creditors to pay without the problem of leins on prp and other stuff..


It depends on your situation and the assets/debts involved.

Some creditors will be very UNwilling to work with you if you default out of the Chapter 13 payment plan, because once you cancel that plan, everything reverts back to the way it was before the plan started - meaning the creditors can start pursuing collection against you once again. And some of them will be very difficult to work with in this case.

You will also find a few that WILL work with you - but again, it's on a case-by-case basis.

Be VERY careful of ending your Chapter 13 Plan early, especially if you have a home mortgage involved. Some mortgage companies/servicing companies absolutely will not work with a homeowner if they are in Chapter 13 and end it early. I know of one company in particular that will not work with the homeowner in any way - they will immediately pursue foreclosure if the homeowner converts from Chapter 13 to Chapter 7, or if they default out of their Chapter 13 plan.


lrhall41

Submitted by SUEBEEHONEY70 on Tue, 09/11/2007 - 09:51

( Posts: 4583 | Credits: )


Do you have an attorney who is handling your bankruptcy case? The official Receiver will review your case and if he considers that there is no investigation required in your case, he will begin the early discharge process. You have to co-operate with the official Receiver and answer letters quickly so that you get the early discharge. He will write to all your creditors and the trustee and explain your situation. Your creditors have 28 days to lodge any objections to your early discharge. The official receiver will review if the creditor files any valid objection and the process will be suspended.

If there are no objections received from your creditors, or the objections are resolved, the official receiver will send notice to the court. The court will send you a noticed stamped notifying of your date of discharge.


lrhall41

Submitted by Johnson4485 on Tue, 09/11/2007 - 09:59

( Posts: 399 | Credits: )