The decree of the bankruptcy court which terminates the bankruptcy proceedings is generally a discharge that releases the debtor from most debts. A bankruptcy court may refuse to grant a discharge under certain conditions.
North Carolina Complaint Objecting to Discharge of Debtor in Bankruptcy Due to False Oath or Account of Debtor
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US-01090BG
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Since a chapter 12 or chapter 13 plan may provide for payments to be made over three to five years, the discharge typically occurs about four years after the date of filing.
The Chapter 13 Process Take Mandatory Credit Counseling Course. ... File Your Chapter 13 Bankruptcy Paperwork. ... Attend the 341 meeting of creditors. ... Start Paying Your Chapter 13 Plan Payment. ... Complete the Chapter 13 Confirmation Process. ... Complete the Confirmed Chapter 13 Plan.
After Plan Completion: After all payments have been completed, the Chapter 13 Trustee will file a Motion to Return any Excess Funds to Debtor and to Terminate any Payroll Deduction by Employer. If the Motion is granted, the Court will enter an order granting the motion and issue two notices.
Be Prepared for One More Round of Paperwork A Chapter 13 payment plan doesn't automatically cease once you make your final payment. You must complete the compulsory paperwork and your attorney has to file for an official dismissal of your bankruptcy case.
What is a discharge in bankruptcy? A bankruptcy discharge releases the debtor from personal liability for certain specified types of debts. In other words, the debtor is no longer legally required to pay any debts that are discharged.
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.