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Chap. 13 Discharge Timeframe

Submitted by on Sun, 04/10/2011 - 17:09
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What is the timeframe for the discharge for a Chap. 13 Bankrupty after the last payment has been made ?


60 to 90 days depending upon how quickly the last disbursement by the Trustee is made and cashed by creditors. Could be as long as 120 days. Also, you will never get your discharge if you do not take the financial management/debtor education course and file the Certificate of Completion. So, if you have not taken the class, do it now.

Lastly, you need to make sure that you have supplied copies of all required tax returns. Look at your Order Confirming for the details. If returns were not required, fine. But if the Trustee was to get copies and you have not sent them, do it now.

Des.


Submitted by despritfreya on Sun, 04/10/2011 - 17:40

despritfreya

( Posts: 175 | Credits: )


The timing of the discharge will vary and will depend upon the chapter of bankruptcy you're filing. If you're filing chapter 7 (liquidation), you can get a discharge on expiration of the time fixed for filing a complaint objecting to discharge and the time fixed for filing a motion which will dismiss the case. Thus, in case of Chapter 7, the discharge will take place in about 4 months after the date the debtor files bankruptcy.

In case of Chapter 13 (reorganization of debt), the court generally grants the discharge as soon as the debtor completes all payments under the plan. Since Chapter 13 plan may provide for payments to be made over 3-5 years, the discharge typically occurs about 4 years after the date of filing.

However, it should be kept in mind that the court may deny discharge in a chapter 7 or 13 case if the debtor fails to complete "a course concerning financial management."

For further information, you might check out the given page: "uscourts.gov/FederalCourts/Bankruptcy/BankruptcyBasic/DischargeInBankruptcy.aspx"


Submitted by Anna Sweeting on Mon, 04/11/2011 - 03:35

Anna Sweeting

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