LATE discharge on Chapter 13

[key5000]

Hello everyone,

I file for Ch13 back in April 2004 and make a final payment in September 2009.

I just receive a discharge last month August 2010 after calling a Trustee to to request.

The discharge is 1 year behind because as I understand correctly, the discharge should date 9/2009 but it's not, it's date 8/2010

My question is there any way to request the judge/trustee to reissue the discharge with a correct date which is 9/2010? and how to do that?

Thanks
KEy

[walkthaplank]

The discharge date is the discharge date. It doesn't make any difference. The clock on your CH13 staying on your credit report goes from date of filing, not date of discharge. Congrats on getting your discharge!

[key5000]

Yes, the discharge date does make a big different. If I get my discharge date back to 9/2009 then I might able to do my refinance otherwise I have to wait for another year.

My question is there any way to request the judge/trustee to reissue the discharge with a correct date which is 9/2009? and how/where to do that?

Thanks
KEY

[justbroke]

No. A discharge order is entered on a particular date. I don't think you can back-date an order at all. If you go to refinance, you can explain this issue and have it submitted to the underwriter for review. Since you were in a Chapter 13, it does not matter when the discharge was for a refinance. What matters when in a Chapter 13, is that you maintained current for the last year and that the Trustee will issue a letter indicating as much.

I would ask your lender about this. Chapter 13s are treated much differently than Chapter 7s when it comes to financing and re-financing.

[despritfreya]

Doesn't matter whether or not the date of the discharge effects your ability to refi. There is not way to "back date" a Court Order. It is what it is. Why did you wait a year to contact your Trustee (or your attny if you had one.)

[key5000]

When I made my last payment on Sept 2009 and receive the letter from trustee saying that I have to wait for 30 days for creditors if they want to appeal. And I totally forgot all about the discharge letter after a month.

Now, I want to do the refinance then the lender ask for Discharge which trickle me to call the trustee for the discharge letter which is a year late.

The 4 brokers that I try to do refinance are all reject my application because they said all the lender required 2 years from the discharge date before I can refi. There are some brokers said that they might get the refi if I can get obtain the discharge back date to Sept 2009.

Does anyone know where to do the Refinance after CH13 discharge? (The rate is very low now for 15 year @ 3.75% - 4.00% compared with my current 30 year rate @ 5.5%)

[justbroke]

You need to find a broker that will work with the fact that you were in a Chapter 13 and did not do a Chapter 7. The terms for Chapter 13s allow a person who is in an active Chapter 13 to actually get a refi or mortgage! I would find a broker who does FHA loans and make sure they understand the difference. Some of these brokers may just be quoting what they know about a discharge, but much of that assumes a Chapter 7 discharge, not a Chapter 13.

Suffice it to say that you are not going to get a back-dated Discharge Order.