05 May Ask For A Discharge After Making Last Chapter 13 Payment
You must request a discharge in Chapter 13 and certify your eligibility for that discharge or your case will be closed and your debts will remain collectable.
Your Chapter 13 Trustee will report when you have finished making your Plan payments. You then have 20 days to file a Motion, under Section 1328 and Rule 2002f asking the Court to enter a discharge of your debts.
Your motion must include a certification that you are eligible under Section 1328, that you have made all child support payments that came due during your case; that you are not subject to certain criminal proceedings and that you are not liable for certain debts that would prevent a discharge under Section 522q; that you have completed a personal financial management course and that you have a filed certain documents with the Court as required under Rule 1007(b) (7).
Upon filing a proper and timely motion, the Court will enter a discharge of your debts. Failure to file the motion will result in your case being closed without the entry of a discharge and any unpaid debts will remain collectable.
Andy Miofsky, Esq.
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