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Florida Statement-Certification Regarding Requirements For Discharge In Chapter 13 Case

State:
Florida
Control #:
FL-SKU-0096
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Statement-Certification Regarding Requirements For Discharge In Chapter 13 Case
The Florida Statement-Certification Regarding Requirements For Discharge In Chapter 13 Case is a legal document that must be filed in the US Bankruptcy Court in the Middle District of Florida. It is used to certify that a debtor has met the requirements for a discharge under Chapter 13 of the US Bankruptcy Code. The debtor must certify the completion of all payments under the Chapter 13 Plan and certify that the court-approved plan is fully complied with. The debtor must also certify that all applicable taxes have been paid and that all applicable domestic support obligations have been paid. There are three types of Florida Statement-Certification Regarding Requirements For Discharge In Chapter 13 Case: 1) Final Statement-Certification Regarding Requirements for Discharge: This is the statement that is filed after the completion of all payments under the Chapter 13 Plan and after the debtor has met all applicable requirements for a discharge under Chapter 13. 2) Interim Statement-Certification Regarding Requirements for Discharge: This statement is filed when the debtor has made at least 3 payments under the Chapter 13 Plan, but has not yet completed all payments. 3) Initial Statement-Certification Regarding Requirements for Discharge: This statement is filed when the debtor first files the Chapter 13 Plan and is intended to certify that the debtor is in compliance with all applicable requirements for a discharge under Chapter 13.

The Florida Statement-Certification Regarding Requirements For Discharge In Chapter 13 Case is a legal document that must be filed in the US Bankruptcy Court in the Middle District of Florida. It is used to certify that a debtor has met the requirements for a discharge under Chapter 13 of the US Bankruptcy Code. The debtor must certify the completion of all payments under the Chapter 13 Plan and certify that the court-approved plan is fully complied with. The debtor must also certify that all applicable taxes have been paid and that all applicable domestic support obligations have been paid. There are three types of Florida Statement-Certification Regarding Requirements For Discharge In Chapter 13 Case: 1) Final Statement-Certification Regarding Requirements for Discharge: This is the statement that is filed after the completion of all payments under the Chapter 13 Plan and after the debtor has met all applicable requirements for a discharge under Chapter 13. 2) Interim Statement-Certification Regarding Requirements for Discharge: This statement is filed when the debtor has made at least 3 payments under the Chapter 13 Plan, but has not yet completed all payments. 3) Initial Statement-Certification Regarding Requirements for Discharge: This statement is filed when the debtor first files the Chapter 13 Plan and is intended to certify that the debtor is in compliance with all applicable requirements for a discharge under Chapter 13.

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FAQ

The bankruptcy trustee will typically be entitled to claim any non-exempt portion of the settlement and distribute it to creditors.

Ending Your Plan Early There are only two ways to pay off a Chapter 13 bankruptcy early: pay 100% of the allowed claims filed in your case, or. qualify for a hardship discharge.

Filers are usually hoping to get a bankruptcy discharge. That's the order that wipes out certain debts and gives you a fresh start. A dismissal is very different. It means your case has been stopped before the court granted a discharge.

A debtor is ineligible for discharge under chapter 13 if he or she received a prior discharge in a chapter 7, 11, or 12 case filed four years before the current case or in a chapter 13 case filed two years before the current case.

To be eligible for a hardship discharge, you must meet the following requirements: You have paid back at least the amount creditors would have received through a Chapter 7 filing. Your financial setback is not your fault. Your financial situation will not improve in the foreseeable future.

The discharge releases the debtor from all debts provided for by the plan or disallowed (under section 502), with limited exceptions. Creditors provided for in full or in part under the chapter 13 plan may no longer initiate or continue any legal or other action against the debtor to collect the discharged obligations.

If your Chapter 13 plan payment is too high, you can sometimes get it lowered if you encounter a reduction in household income. If your income reduces, you are many times also allowed to reduce your plan payment. This is accomplished usually by filing a Motion to Modify your Chapter 13 plan.

Chapter 13 Discharge Clears Qualified Debts Congratulations, you've spent years slowly repaying your debts and the plan is now complete. The judge issues the discharge and now any remaining balances on your qualified debts are forgiven. Chapter 13 bankruptcy allows for more qualified debts than Chapter 7.

More info

In chapter 12 and chapter 13 cases, the debtor is usually entitled to a discharge upon completion of all payments under the plan. The undersigned requests that a discharge be granted in accordance with 11 U.S.C. §1328.Some student loans require a showing of undue hardship and an adversary proceeding to be discharged in bankruptcy. The Certificate of Final Payment tells the Court that the debtor has completed all the necessary payments under the plan. You cannot receive a discharge in a Chapter 13 case if you have received a discharge in a Chapter 7 case filed within the last four years. This audit ensures the Trustee has paid out all necessary payments to creditors and all the required laws have been followed. This mandatory form certifies that you have completed your debtor education requirement. Certification in Support of Discharge for Chapter 13 Debtors. The Clerk of the court charges a filing fee when the case is filed. And business debtors to liquidate assets.

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Florida Statement-Certification Regarding Requirements For Discharge In Chapter 13 Case