Court Issues New Chapter 13 Bankruptcy Discharge Eligibility Form
By Jill Michaux, Kansas Bankruptcy Attorney on Dec 4, 2008 in General Bankruptcy Information
When a Chapter 13 bankruptcy debtor finishes making his plan payments, he must certify he satisfies two requirements for a discharge of his debts. The federal courts have adopted new form B283 for debtors to make that certification effective December 1, 2008.
A debtor must certify he has paid all domestic support obligations. 11 U.S.C. 1328(a). The form requires a debtor to list his address and employer’s name and address to give the trustee information if he owes a domestic support obligation. The trustee will use that information to send required notices to domestic support obligation recipients.
Before the bankruptcy court can grant a discharge to a chapter 13 debtor, the court must find that 11 U.S.C. 522(q) does not apply to the debtor. This section only applies if the debtor claimed an exemption in a homestead, residence, or burial plot pursuant to § 522(b)(3) and state or local law in an amount exceeding $136,875.
If the debtor has claimed this exemption, the court must determine that no proceeding is pending in which the debtor may be found guilty of a felony described in § 522(q)(1)(A) or liable for a debt described in § 522(q)(1)(B). Section 522(q)(1) generally applies to
- securities fraud and crimes or serious physical injury, or
- death to another individual in the preceding 5 years.
Form B 283
Chapter 13 Debtor’s Certifications Regarding Domestic Support Obligations and Section 522(q) (12/08)
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