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Are there papers to sign for discharge?

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    Are there papers to sign for discharge?

    I got a letter from the trustee saying my case has been granted discharge.
    For some reason I was thinking there would be papers for me to sign and return.
    I'm in Santa Clara County, CA.
    Thanks!

    #2
    For a Chapter 13, I thought you had to sign an affirmation that you either have no domestic support obligations (DSOs), or that any DSO is current and not in arrears. Otherwise, you don't technically need to sign anything unless there is some district-specific things.

    I would re-read the paperwork. A discharge should have a caption at the top of the page with the court's name... such as "UNITED STATES BANKRUPTCY COURT". Maybe your paperwork reads that your case is eligible for discharge?
    Chapter 7 (No Asset/Non-Consumer) Filed (Pro Se) 7/08 (converted from Chapter 13 - 2/10)
    Status: (Auto) Discharged and Closed! 5/10
    Visit My BKForum Blog: justbroke's Blog

    Any advice provided is not legal advice, but simply the musings of a fellow bankrupt.

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      #3
      You should have signed a Debtor's Certification In Support of Discharge: http://www.canb.uscourts.gov/sites/d..._discharge.pdf. After I completed my plan, I received a letter from the trustee with the form instructing me to sign it and send it to my attorney for filing with the court. But, my case was in the Oakland Court so I had a different trustee than you. Many bkforum members in other districts have also reported receiving the required form(s) from the trustee.

      The form is required by Northern District of California Local Rule 4004-1: http://www.canb.uscourts.gov/procedu...2-and-13-cases partially to comply with Federal Rule of Bankruptcy Procedure 4004(c)(4).

      If you have really been discharged and didn't sign the form, it is possible that your attorney filed it electronically claiming that he has a copy signed by you. It is illegal for the attorney to do that, but it wouldn't be the first time it's happened.

      LadyInTheRed is in the black!
      Filed Chap 13 April 2010. Discharged May 2015.
      $143,000 in debt discharged for $36,500, including attorneys fees. Money well spent!

      Comment

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