Forum Rules (Everyone Must Read!!!) (updated: 04/28/2015)

Welcome to the Bankruptcy Forum. Bankruptcy (BK) Forum is known as and will be referred to as BKF hereinafter. In order to ensure a long term success of our vibrant community, we have established certain rules and guidelines to which everyone must adhere to. Please take your time to carefully read our rules, before you start to participate in the community.

Things you agree to do: (BKF) users agree to use the search function before starting a new thread. This prevents duplicate discussions and allows for better organized topics.

All BKF users agree to read the sticky posts which may be available at the top of a forum page. These Sticky posts often contain valuable information. They may also outline more rules and guidelines specific for that particular forum, stickies are put in place by that forums moderator(s) or admin(s).

Things you agree not to do:

All BKF users agree not to call people names or write a post simply to make a personal attack, or get a negative reaction; this behavior is not allowed on our forum. The use of derogatory language aimed at anyone will be severely dealt with. There is no need to agree with each other, or to even like each other. However, by signing onto you agree to treat each member and guest with the respect they deserve. No threats or personal attacks will be allowed.

All BKF users agree not to discuss, engage, or encourage any behavior or activity which violates the law. Discussion of drugs, violence, murder, theft, vandalism, fraud or any other issue which could be used to help individuals break the law is strictly forbidden.

All BKF users agree not to "bump" old threads, unless there is a specific benefit to the community by doing so. But in most cases, please don't post in very old threads, instead start new threads.

All BKF users agree not to attempt/use another members account. It is against BKF rules to use any account other than your own. Impersonating another member will result in an immediate ban. It is also against the rules to open more than one account in your own name without permission from a moderator or administrator. If you have been banned for any reason, it is against the rules to open another account. If you were banned temporarily and you are caught using another account you will be banned permanently. Choosing a moniker which is similar in either sound or spelling as a moderator or administrator is strictly forbidden.

All BKF users agree not to private message any moderator, admin, or other member with questions related to their personal circumstances (Questions about the forum or issues with the forum are ok). This forum only works when members share their experience and insights with everyone.

Things you agree not to post:
All BKF users agree not to post any derogatory/racist/or sexist remarks. This includes attachments, links and all information contained within posts, signatures, and avatars, failure to comply with this rule will result in a permanent ban.

All BKF users agree not to post any copyrighted or trademarked information without the express written permission of the owner(s) / proper citation of source.

All BKF users agree not to post any real names, addresses, telephone numbers, email addresses, social security numbers, or any other personal details (their own or other people's).

All BKF users agree not to post links, pictures, attachments, videos, or the like of pornographic content, objectionable material or extreme violence, whether cartoon or real.

All BKF users agree not to use BKF for advertising purposes without a written contract between yourself/company/agent and the administration of BKF. Blatant advertising will result in a ban.

All BKF users agree not to spam the forums. Spam includes but is not limited to posting erroneous, non-relevant-useless, off-topic, or meaningless posts. Spam may also include posts which contain no text, or large areas of blank space between lines. Simply posting emoticons without text is considered spam. BKF is the largest bankruptcy message board and all the content is intended to help other users. Please help us improve the quality of our forum by making sure that your posts are well-worded, spell checked, grammatically correct and syntaxed.

Regarding actions of moderators and administrators:

The forum is no place to air out your opinion or be judgmental of our staff and its capabilities.

All BKF users agree not to abuse or mistreat moderators or administrators. It is against BKF rules to post any information regarding bans or any other action taken by a member of the moderating or administrative team. If you wish to discuss bans or warnings please do so via PM. To place a complaint against a moderator, send a PM to a super moderator. All Moderators are equal, any decision made by a moderator must be adhered to. If a moderator tells you something you do not like, do not go to another moderator looking for a different answer. If you are caught doing this you will be banned. The moderators work as a team and respect the decisions made by their peers and will help enforce them unless an administrator tells them differently.
If you have an issue with how the forum is run, then notify one of our administrator and we will look into the situation. We have in the past and still do appreciate any input that you offer this forum. But critical input and/or judgmental postings towards the staff will result in you getting banned.

Should you find a thread offensive or out of line, then notify a Mod in a PM so they can evaluate the situation and do the action deemed necessary.

All moderators do have active "other" lives outside of the forum and help moderate this forum in their spare time throughout the days and weeks.

If you have a problem with a member or Mod follow the proper channels of reporting it.

BKF reserves the right to delete any posts which contain anti-BKF comments or discussion. Any bashing of moderators or administrators, or any of their discussion or actions will also be deleted, and the responsible posting party(s) will be banned. Any public anti-BKF advertising, communication, or posts on another forum will result in permanent bans as well.

All warnings and bans are decided by individual moderators and administrators. Warnings are preferable to bans however, for serious offenses and repeat abusers bans will go into effect. The length of the bans can vary from several hours to permanent.

All messages posted or sent including through PM are the property of

All BKF users agree not to advertiser on the forum (Niether by posting, private messaging or using your signature). If you are a company/attorney/legal adviser wishing to advertise on the site or sell a product, you must contact the head administrator and inquire about our advertising packages.

All bankruptcy related opinions expressed on are those of their authors and not necessarily of BKF, its staff or representatives.

You agree not to copy any material/post/content from BKF without written permission from our head administrator .

By posting on this forum you agree to these terms and conditions, including any punishment deemed appropriate by moderators or administrators in the event of an offense.

Administrators/Moderators can change these rules at any time without prior notice.
See more
See less

Trying to get my Discharge Papers, with some complications.....questions about it

  • Filter
  • Time
  • Show
Clear All
new posts

  • Trying to get my Discharge Papers, with some complications.....questions about it

    Hi, I filed a joint Chapter 13 bankruptcy in late 2012 with my now ex-wife. The only plan payments were for an auto loan for her car, and to pay the home equity loan on the house. We separated in mid 2015, and our bankruptcy lawyer withdrew from the case when she learned of this. We have been without a lawyer on this issue ever since. In early 2016, the home equity loan went into a principal and interest payment period (before it was only interest), and we successfully worked with the bankruptcy court to have the higher payments withheld on my check, despite me not being in the house. This past summer, the Chapter 13 office let us know that the payments we had been making were insufficient to pay off the balance due at bankruptcy end scheduled for November 2017. Since my ex and I were almost divorced at that point, and had agreed she was getting the house, she took on the further increased payments from her paycheck, and the Chapter 13 office said the bankruptcy would be extended and scheduled to complete in March 2018.

    Well, a few weeks ago, she totaled the car in an accident, no injuries. She told me the insurance company payment was being seized by the Chapter 13 office, and that it was going to completely pay off the balance due with the Chapter 13 office now. My concern is this. What do I have to do, to ensure that I get my discharge papers, since neither one of us has a bankruptcy lawyer. According to her, the bankruptcy is going into some kind of audit period, and that discharge papers will be granted some time after that. I want to make sure nothing falls through the cracks.

    We should have split the bankruptcy earlier, to avoid this complication. But the Chapter 13 office did get a copy of our divorce agreement, which stipulates that she refinance the house within 30 days of getting the discharge papers. So they should be aware. Should I just contact the office directly and ask questions. In the past, they have been very reluctant to answer questions, and tell me I need to get a lawyer. I will get a lawyer if I have to, I have made some calls, but they seem reluctant to take such a "small job". But if I can avoid getting a lawyer if I don't have to, that would be better. Any advice is greatly appreciated.

  • #2
    This is too complex to address as an online post. I'll make some comments, but you really need an attorney to close out your Chapter 13 and to deal with other things related to obtaining the Chapter 13 discharge. Additionally, the Trustee office is not going to speak to you about "legal" matters and will refer you bank to an attorney (or your Chapter 13 attorney). This is probably as complex as it gets. A Chapter 13 that is trying to discharge, a major accident, totaled property (assuming it was part of the Chapter 13 Plan), an intervening divorce, refinancing of a home, and a missing attorney.

    I wish you the best and would really love to hear how this works out. My heart goes out to you and your ex-spouse as she seems to be really nice (not vindictive).

    Where is your Chapter 13 bankruptcy attorney?
    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.


    • #3
      While on the surface, the completing Chapter 13 sounds complex, I just got in the mail the motion to use the insurance company settlement to pay off the small balance left on the vehicle ($400), with the balance proposed to pay off the Debtors' plan, and completion of the case. If no objections by early January, that's what will happen. The refinancing of the home is outside of the BK, part of the divorce settlement to occur afterwards.

      The bankruptcy is in NC. Oh, and by the way, the ex-wife is not so very nice. On this issue, where it serves both our interests to conclude the bankruptcy successfully, she is cooperative. But the divorce agreement, I basically got the short end of the stick, financially. But I did get peace of mind, which has enormous value.

      I had spoken to one lawyer who said I should not need a lawyer. Not sure if he is blowing me off, being too busy, perhaps. I will be getting another opinion. I am going to visit the Chapter 13 office, probably today, to speak to someone there to get clarity on what is left to do to successfully complete it. While they should not be giving legal advice, they should be telling me basic steps of completing the plan, because that's their purpose, in my mind, to get people through bankruptcy successfully. We shall see.


      • #4
        I think the attorney that you spoke to is blowing you off. Where if your Chapter 13 attorney??? That is who you would go to first. I would not personally risk messing up the Chapter 13 discharge especially since you may be over the allowed 60 months.

        The purpose of the Trustee is not to give you instructions on how to manage a Chapter 13 -- or any bankruptcy. That process is actually dictated by the Court and you could call the Clerk of the Court and ask "procedural" questions. The Trustee doesn't want to get involved with represented debtors (do you have an attorney-of-record?) and does not want to cross the line when it comes to procedure versus the practice of law.

        If you want to know the process, first check your Districts web site to see if the procedure is published. Some spell it out, down to the necessary certifications that need to be made as well as a motion for entry of discharge (if required). Other districts may not have the process published and you should contact the Clerk of the Court. The Trustee doesn't issue the discharge. The discharge in a Chapter 13 has an orchestrated process. Here are a few things ordinarily required to receive a discharge in a Chapter 13; certification of domestic support obligations, Form B23 certification of completion of financial management course, any other district specific certification, Trustee's notification of plan completion, etc. I'm just thinking off the top of my head as to what I remember, but Chapter 13 is a complicated proces.

        Here's a link to the procedures from one of the Districts (your District may have district-specific items or some things may be done by the Clerk and some done by the Trustee, with most things done by the attorney-of-record):

        Please remember that there can be, and likely are, District-specific things and it is likely that only the Clerk's office can help you with this "procedural" question. I recommend that you reach back to your Chapter 13 Attorney of Record.
        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.


        Unconfigured Ad Widget