Missouri Debtors Motion for Entry of Chapter 13 Discharge Due to Plan Completion is a motion used by debtors in the state of Missouri to request that the bankruptcy court enter a discharge of their Chapter 13 bankruptcy debt. This motion is typically filed when the debtor has successfully completed all payments under their Chapter 13 repayment plan and all other requirements of the plan have been met. The motion must be accompanied by a certificate of completion from the debtor's attorney and/or trustee, as well as documentation of any modifications or additional payments made to the plan. There are two types of Missouri Debtors Motion for Entry of Chapter 13 Discharge Due to Plan Completion: an Automatic Motion and a Non-Automatic Motion. An Automatic Motion is a motion that is automatically granted by the court after the debtor has completed all requirements of the plan. A Non-Automatic Motion requires the debtor to submit a motion to the court for approval and must be accompanied by supporting documentation.
Missouri Debtors Motion For Entry of Chapter 13 Discharge Due To Plan Completion
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How to fill out Missouri Debtors Motion For Entry Of Chapter 13 Discharge Due To Plan Completion?
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FAQ
Within 30 days after filing the bankruptcy case, even if the plan has not yet been approved by the court, the debtor must start making plan payments to the trustee.
Debt collectors cannot try to collect on debts that were discharged in bankruptcy. Also, if you file for bankruptcy, debt collectors are not allowed to continue collection activities while the bankruptcy case is pending in court.
One common ground for denying a discharge is when the debtor ? with intent to hinder, delay, or defraud a creditor ? transfers, removes, destroys, mutilates, or conceals property within one year before the date of filing for bankruptcy or any time after the date of filing.
Chapter 13 is often preferable to chapter 7 because it enables the debtor to keep a valuable asset, such as a house, and because it allows the debtor to propose a "plan" to repay creditors over time ? usually three to five years.
A creditor will usually object to the discharge of its particular debt when fraud or an intentional wrongful act occurs before the bankruptcy case. For instance, examples of nondischargeable debts, if proven, could include: The costs and damages caused by intentional and spiteful conduct.
What happens when a creditor files an objection? A creditor's objection does not automatically prevent a discharge of debt. The debtor gets a chance to file an answer to the objection, and the court may hold a hearing to decide the issue. This is called an adversary proceeding, and it works much like any other lawsuit.
To object to the debtor's discharge, a creditor must file a complaint in the bankruptcy court before the deadline set out in the notice. Filing a complaint starts a lawsuit referred to in bankruptcy as an "adversary proceeding."
Under Federal Rules of Bankruptcy Procedure Rule 4004, a trustee or creditors have sixty (60) days after the first date set for the 341(a) Meeting of Creditors to file a complaint objecting to discharge.