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Chapter 13 nearing discharge

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  • Chapter 13 nearing discharge

    So long story short... Almost 4 years in on a $85k 100% Chapter 13 plan. Original attorney passed away earlier this year and my case was converted to Pro Se as I did not retain another attorney. My wife and I have made all payments on time and added extra each month when we could to pay out as early as possible. I'm receiving a fairly large bonus in Jan which I plan to use to pay off the balance of the plan. I called the attorney that was sent my case file and he said that there is no reason to retain another attorney as the end process is 'easy'. He is saying that once I complete the plan payments, I will be receiving a Motion to Discharge form which will just need to be signed and filed with the BK court. (He also mentioned to get our 2nd credit counseling completed and filed prior to this.)

    This just seems too easy and hoping someone here has completed a Chapter 13 Pro Se and would be able to give some insight on the finalization process. We've worked really hard over the past few years getting to the end game and don't want to screw it up at the finish line.
    Chapter 13 - 100% Payback - Filed 2/2010 - Discharged 4/2014

  • #2
    From what I know from talks with my Chapter 13 attorney, if you're on a 100% Plan, You can buy it out early at any time. It is really that simple. Issues only arise on a plan similar to mine where the Payout is like 15% to creditors. If I were to pay the plan payments early, it would cause question and inquiry from the trustee as he would request a modification to the plan since I would have extra disposable income. But in your case, I am fairly sure you're perfectly fine.

    Comment


    • #3
      There shouldn't be much to do and it sounds like the attorney has told you what to expect. But, you are smart to not want to rely completely on that.

      Go to your court's website and find the local rules. Read through them for anything relevant to closing a Chap 13. Look for local forms you may need, including a form for a motion for discharge. Look for judges orders that may give details of procedures that should be followed. Also, look for a section for Pro Se filers. If there is a help line or class for prose filers, call or go and get help with discharge and closing procedures. Go through the website thoroughly to look for anything that may be relevant to you.

      You also need to review the Federal Rules of Bankruptcy Procedure: http://www.law.cornell.edu/rules/frbp/ and the bankruptcy code http://www.law.cornell.edu/uscode/text/11 for anything relevant to a chapter 13 discharge.

      The following is a form you should fill out and file with the court regarding the completion of the financial management course, unless your court has it's own local form: http://www.uscourts.gov/uscourts/For...uptcy/B_23.pdf Note the filing deadlines at the bottom of the form. Make sure local rules don't have different deadlines.

      You also should file the following form if there isn't a local form: http://www.uscourts.gov/uscourts/Rul...rent/B_283.pdf

      I have seen at least one court that has a local form that combines the two above forms. Both forms make reference to the rules or code sections that require them. Read those rules and code sections.

      When you are ready to pay of the plan, call your trustee and ask for a payoff amount.

      Sign up for PACER so you can keep an eye on the progress of yoru case. Here's information about PACER: http://www.bkforum.com/showthread.ph...Guide-amp-Tips
      Last edited by LadyInTheRed; 12-06-2013, 04:44 PM.
      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


      • #4
        Thanks for the great information! I've had a Pacer account since the case was opened and have kept a very close watch over the years. I've also found some good info on my courts site for Pro Se filers. Do you know how the Motion to Discharge is initiated? I've read in a couple of places that the court will send this out, but unsure how this is started or how they are notified about the plan completion.

        Also, sorry for the double threading.
        Last edited by drew999999; 12-06-2013, 05:47 PM.
        Chapter 13 - 100% Payback - Filed 2/2010 - Discharged 4/2014

        Comment


        • #5
          Originally posted by drew999999 View Post
          Thanks for the great information! I've had a Pacer account since the case was opened and have kept a very close watch over the years. I've also found some good info on my courts site for Pro Se filers. Do you know how the Motion to Discharge is initiated? I've read in a couple of places that the court will send this out, but unsure how this is started or how they are notified about the plan completion.
          The procedure varies by court. In some courts, the trustee initiates the process, in others it's the debtor. When you call the trustee for a payoff amount, ask how it works. They may be willing to explain the process. If not, try calling the court clerk and asking a "procedual question." Which Illinois district are you in?

          Originally posted by drew999999 View Post
          Also, sorry for the double threading.
          No problem. Fist one is free!
          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


          • #6
            Thank you! I'm in the Southern Iowa District. Its been a long road and a complete shock that my attorney passed. (He was pretty well known for being involved with Central Iowa high school wrestling and a huge loss to many people). Being so focused on completing my plan early, we were a bit complacent on getting a new attorney to close things up. Looks like this should be fairly easy to complete the paperwork. We completed our credit management course this weekend and have our certificates now. I'll be filing the Form 23 and certs this week and hope to make the last payment in the middle of Jan. Looking forward to my hamster dance in month or so.
            Chapter 13 - 100% Payback - Filed 2/2010 - Discharged 4/2014

            Comment


            • #7
              I checked the court website and don't see anything that is helpful for Chap 13 discharge and closing procedures. The court appealed its local rules and defers to the Federal Rules. You might want to call your case manager, explain the situation and ask who files the motion for discharge. There are two in your court: http://www.iasb.uscourts.gov/v2_gene...-managers.shtm. I don't know how to tell which is assigned to your case.

              Looking forward to dancing with you and the hamsters soon!
              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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