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What is the discharge?

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    What is the discharge?

    Just filed last Saturday. 341 is set for July 22nd. What do they mean by discharge? Does this mean debts are written off at the end of the 341 or after the 5 years of payments. I hope this isn't a dumb question. Still trying to come to terms with having to file bankruptcy.

    #2
    The discharge comes when all your payments are made, your plan audited by the Trustee and all creditors paid what they are due under your Plan. It usually takes place about 2 to 3 months after you send in your last payment.
    _________________________________________
    Filed 5 Year Chapter 13: April 2002
    Early Buy-Out: April 2006
    Discharge: August 2006

    "A credit card is a snake in your pocket"

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      #3
      Originally posted by dirtpoor View Post
      Just filed last Saturday. 341 is set for July 22nd. What do they mean by discharge? Does this mean debts are written off at the end of the 341 or after the 5 years of payments.
      Whatever is left to be paid on your unsecured debts at the end of 60 months of payments is discharged (as Flam said) after your trustee audits your accounts and declares your case successfully completed.

      Since the automatic stay is in place during the entire length of your plan, your creditors cannot contact you in any way directly and cannot ask for payment. That means it doesn't matter that the debt is not officially discharged until the end of your plan.

      I hope this isn't a dumb question. Still trying to come to terms with having to file bankruptcy.
      Absolutely not a dumb question. Ask about whatever's on your mind....although it's a good idea to do a forum search first....chances are the question has been answered before

      Welcome to BKForum - we're glad you found us.
      I am not a lawyer and this is not legal advice nor a statement of the law - only a lawyer can provide those.

      06/01/06 - Filed Ch 13
      06/28/06 - 341 Meeting
      07/18/06 - Confirmation Hearing - not confirmed, 3 objections
      10/05/06 - Hearing to resolve 2 trustee objections
      01/24/07 - Judge dismisses mortgage company objection
      09/27/07 - Confirmed at last!
      06/10/11 - Trustee confirms all payments made
      08/10/11 - DISCHARGED !

      10/02/11 - CASE CLOSED
      Countdown: 60 months paid, 0 months to go

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