Has anyone ever had an objection to discharge from the trustee or a creditor if you have completed all plan payments? The old (pre-Oct 05) US Bankruptcy laws for Ch 13 (http://www.uscourts.gov/bankruptcycourts/BBpre1005.pdf) say that the law provides no grounds for a creditor to object to discharge if the debtor has made all plan payments, but my trustee's office says different so I am now totally confused. I was just wondering if anyone has any personal experiences with this. I do know that there are many ways to object in a Ch 7 case.
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Chapter 13 discharge objection?
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I believe they only way they can object to a discharge is if they feel they can prove you didn't fulfill the terms of the chapter 13(hiding assets...etc). There objections are very limited. Why is your trustee telling you that creditors can object to a discharge?Chapter 13 Filed 4/03/06 :blink: 341 Meeting Complete 5/11/06 :yes2:
Plan Confirmation 6/16/06 :yahoo:
Discharged: 1/5/2010 :yahoo::yahoo::yahoo::yahoo:
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After I called the trustee's office in Jan. to get my payoff I emailed the lady who handles my account there. I asked what happens after I make my final payment. They told me about the final auditing process and that the trustee then hands the case over to the judge who issues the discharge. If no objections are filed I would be issued my discharge. So of course I asked about objections. They acted like creditors have many reasons why they may object so I did some research online and ended up at the US Bankruptcy Courts website where I read that the law provides NO grounds for creditor objections (only ch. 13) to a debtor's discharge if they have completed all plan payments, which we have. Only the trustee can object. Maybe they mean that creditors can object if they haven't received everything they were supposed to get? Or if they suspect fraud? What is the definition of fraud regarding BK? I seem to get a lot of conflicting advice between trustee, attorney and internet. Not sure who the heck is right half the time! UGH....
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Has anyone actually filed an objection...honestly, you are probably getting worked up over nothing. I have NEVER seen an objection to discharge in a chapter 13 after plan payments are complete. (Most creditors don't care at that point, if they were going to have a problem with your chapter 13 plan, the would have raised it at confirmation).
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I'm not really very concerned about it I just wanted to know if anyone had experienced it first hand or knew of this happening ever. I got the answers I was expecting. I wouldn't have brought it up at all if that lady hadn't acted like it just happens every day. I thought it was interesting that the trustee's office was telling me something different than the US BK website. Thanks for the input.
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