Court Issues New Chapter 13 Bankruptcy Discharge Eligibility Form

04 Dec Court Issues New Chapter 13 Bankruptcy Discharge Eligibility Form

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)

Form | Instructions

 

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Jill Michaux has helped Kansas consumers with debt problems for three decades. She and her partner, Mark Neis, are Topeka's only bankruptcy specialists, board certified in consumer bankruptcy law by the American Board of Certification. She help start the National Association of Consumer Bankruptcy Attorneys.
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