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Is there some type of hearing for a chapter 13 discharge

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  • Is there some type of hearing for a chapter 13 discharge

    I made all my payments, the final audit has been done and the trustee ordered the case be discharged. I had to sign some papers about child support or something.

    What happens now? I checked all the dockets and all I see is motions to mod, dismiss, confirmation yada yada yada. But nothing on cases being discharged, is there some other process or hearing that happens?

  • #2
    There is no hearing, except perhaps in extraordinary circumstances where somebody objects to discharge claiming you have not complied with your plan and the issue is not resolved with the objecting party. It takes at least a couple of months after your final payment for the case to be discharged. The creditors get notice and a period of time must pass after they get notice.

    The trustee does not order the case discharged, the court does. Is it possible that the reference to a discharge is a request for discharge of the trustee? That would be separate from the discharge of your debt.

    Did you take your post filing course and was a certificate of completion filed? The certificate of completion may have been part of what you signed. In my court it is on the same form as the statement about domestic support.

    What exactly has been filed since your last payment and on what dates? What is the context of "dismiss"?
    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!

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    • #3
      Yeah I took the course, and I had like 2 forms to sign. My current status is waiting for discharge, 15 days in.

      Comment


      • #4
        So the question I guess I am asking, does the case hit someones desk and at some point they get around to discharging it. Different from the hearings I had in the past regarding my case.

        Its like there is no way to track it, you just wait. I always knew when my hearings were gonna happen.

        Comment


        • #5
          I'm a year away from completing my plan and have been doing some digging on how the discharge process works, but others who have been through the discharge process may have better info than me. First, the trustee may tell you to stop payment after the last Ch 13 payment is received. Then the trustee performs an "audit" of your case which confirms that all the creditors have been paid. The trustee files a report of the audit with the court that lists among other things: major case milestones, the amounts you paid to trustee, the amounts to creditors, total trustee fees and the amount to be discharged (total claims minus your total payments). After that report is filed with the court, then the notice to object to discharge is sent to all parties and there is a 30 day waiting period. If no objections, then (I think) the motion to discharge is filed, the court discharges all listed debts and then there is a case closure action a few days later and you are done. I'm hearing and observing from this board and other sources that it takes about three months from last payment to case closure.

          The trustee will also want your financial management course and DSO certificates. The trustee may also confirm with your attorney or mortgage lender that you are current on your mortgage.
          Filed Ch 13 Fall 2013, 60 month plan

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          • #6
            What im looking for is the more detailed part I highlighted in red. There has got to be some process.

            Originally posted by switch625 View Post
            I'm a year away from completing my plan and have been doing some digging on how the discharge process works, but others who have been through the discharge process may have better info than me. First, the trustee may tell you to stop payment after the last Ch 13 payment is received. Then the trustee performs an "audit" of your case which confirms that all the creditors have been paid. The trustee files a report of the audit with the court that lists among other things: major case milestones, the amounts you paid to trustee, the amounts to creditors, total trustee fees and the amount to be discharged (total claims minus your total payments). After that report is filed with the court, then the notice to object to discharge is sent to all parties and there is a 30 day waiting period. If no objections, then (I think) the motion to discharge is filed, the court discharges all listed debts and then there is a case closure action a few days later and you are done. I'm hearing and observing from this board and other sources that it takes about three months from last payment to case closure.

            The trustee will also want your financial management course and DSO certificates. The trustee may also confirm with your attorney or mortgage lender that you are current on your mortgage.

            Comment


            • #7
              Originally posted by Prosper View Post
              What im looking for is the more detailed part I highlighted in red. There has got to be some process.
              What I described should be the process. The review and scrutiny of your case occurs between final payment and trustee report issuance and during the 30 day creditor objection period that takes place after the trustee report is submitted to the court. I don't know what happens if objections are filed, If none are filed, it appears to be a rubber-stamp approval exercise of your debt discharge order and the trustee discharge order closing the case. Now does the judge review the report that recommends discharge, ask questions, sends it back for amendments because the judge believes that the report is not accurate? I'm not sure, but I think generally, no.. I get the impression that when the trustee report reaches the judge and there are no objections, its presumed that the trustee is providing a certification that your case was administered properly and it's approval-ready.
              Filed Ch 13 Fall 2013, 60 month plan

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              • #8
                Still waiting, checking pacer everyday. I made my last payment is August.

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                • #9
                  Finally discharged today. Anyone know how long till the reports update.

                  Comment


                  • #10
                    Give it 3-5 business days. The Electronic Bankruptcy Noticing system will send updates to the subscribers (the credit bureaus) overnight and they should process that within a couple of business days. That means that it is a minimum of 2 business days for the update to hit the credit bureaus.

                    As for other creditor accounts, they may have been updated already, but some may lag significantly (or not even updated at all). You may need to deal with the one-off accounts one-by-one.
                    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


                    I am not an attorney. Any advice provided is not legal advice.

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