Anyone ever do a Chapter "20"???

[shellbell]

If so, can you tell me when your got proof that your case was "closed" and where did the letter come from? Trustee or Court?

Thanks!!

[despritfreya]

I am confused - maybe you have addressed this in another thread.

I see that you have already done a 13. Normally a Chapter 20 is used for folks who file a Chapter 7 to get rid of enough debt to later qualify them for a Chapter 13 (7+13=20) in an effort to save a home or pay back taxes or support. In such a case, there would not be a 13 discharge but the debtor would not need such a discharge due to the Chapter 7 discharge.

You apparently are about to complete a Chapter 13. Either your discharge has been or is about to be entered. While you can file a Chapter 7 there does not appear to be a reason to do so since you will not be entitled to a discharge. . . read on.

Unless the Chapter 13 paid 100% of all claims or at least 70% of such claims and was your "best effort", you might not be entitled to file a Chapter 7 in an effort to receive a discharge until sometime in August, 2012. (6 years between filing dates. See 11 USC 727(a)(9)). If you were a 70-100% Plan you do not have to wait for the closing, you only need to wait for the entry of your 13 discharge.

Or. . . Are you maybe contemplating a Chapter 26 (13 + 13)? If so then 11 USC 1328(f) applies.

Des.

[shellbell]

No. I filed and received a Chapter 7 discharge on 3/15/06. Filed Chapter 13 on 8/10/06. Completed my plan in 8/2011. Wage attachments stopped 9/11. I won't be receiving a "discharge" according to my atty. Only a statement saying "complete". Thats why I asked if someone has/had gone thru this and what type of letter they received. thanks.

[despritfreya]

Now I understand. You are on the back side of a Chapter 20.

Your Trustee has to file a Notice of Completed Plan and Accounting. He must wait until the last disbursement made actually clears the bank. Typcially the Notice will be filed 60 to 90 days after you make your last payment and a copy will be mailed to you. If there were any, make sure that you have complied with all other requirements such as supplying all tax returns.

Once the final accounting is filed the Clerk should recognize that the entry of the discharge is not applicable and should close the case. You will not get anything in the mail. You will have to check PACER. Give it about 30 days after the final accounting is filed. If the case is not "closed" by then, contact the Clerk and ask him/her to check into it.

Des.

[shellbell]

Thank you so much for answering my question. This is so exciting. Have a great day!!