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New Mexico Debtors Certification in Support of Chapter 13 Discharge

State:
New Mexico
Control #:
NM-SKU-0030
Format:
Word
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Description

Debtors Certification in Support of Chapter 13 Discharge

New Mexico Debtors Certification in Support of Chapter 13 Discharge is a document used by the debtor in a Chapter 13 bankruptcy case to certify that they have met all of their obligations in the case. This document is a requirement for the debtor to receive a discharge. The New Mexico Debtors Certification in Support of Chapter 13 Discharge includes the debtor's certification that they have completed all of their obligations, including payment of filing fees, payment of claims, completion of credit counselling, and completion of all other requirements of the Bankruptcy Code. There are two types of New Mexico Debtors Certification in Support of Chapter 13 Discharge: the initial certification and the final certification. The initial certification is signed by the debtor at the time of filing the bankruptcy case. The final certification is signed by the debtor after all of their obligations have been met, and is filed along with the debtor's application for discharge.

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FAQ

Once a creditor discharges a debt, they'll sell it to a debt collector, who will begin their collections process. This debt collector may not know that the consumer is going through bankruptcy or has completed it. As such, debt collectors may often attempt to collect debts discharged in bankruptcy.

As your case enters its final stages, the Chapter 13 Trustee will complete an audit of your case. This audit ensures the Trustee has paid out all necessary payments to creditors and all the required laws have been followed.

Even when the bankruptcy is discharged?meaning you won't be liable for that debt anymore?it won't be removed from credit reports. The status of the bankruptcy will be updated, but it will still take seven to 10 years from the filing date for the bankruptcy to be removed from credit reports.

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.

Once the debt is discharged by the bankruptcy court, the discharge permanently bars the creditor or debt collector from collection of the debt. Filing for bankruptcy can have long-term consequences so consult a bankruptcy attorney to learn more.

You cannot remove a discharged debt from your credit report unless the information listed is incorrect. Even though you repaid the debt, partially or in full, or the lender stopped its collection attempts, the entry will remain on your report for seven years.

A discharge releases a debtor from personal liability of certain debts known as dischargeable debts, and prevents the creditors owed those debts from taking any action against the debtor or the debtor's property to collect the debts.

More info

Debtor's Certification and Application for Entry of Discharge ; Select Bankruptcy menu. Signed: Debtor's Signature. Date.The debtor education certification is only required if you wish to get the discharge. Chapter 13 Debtor's Certificate to Obtain Discharge. The Certificate of Final Payment tells the Court that the debtor has completed all the necessary payments under the plan. Before you can file for bankruptcy, you must complete a credit counseling course. A debtor is entitled to a discharge after all payments under the Chapter 13 repayment plan are completed. This mandatory form certifies that you have completed your debtor education requirement. Certification in Support of Discharge for Chapter 13 Debtors. The Chapter 13 Trustee has filed a Certification of Final Payment in this case.

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New Mexico Debtors Certification in Support of Chapter 13 Discharge