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South Carolina Certification of Plan Completion and Request for Discharge (Chapter 13)

State:
South Carolina
Control #:
SC-SKU-0048
Format:
Word
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Description

Certification of Plan Completion and Request for Discharge (Chapter 13)

The South Carolina Certification of Plan Completion and Request for Discharge (Chapter 13) is a form used by debtors in South Carolina to certify that they have fulfilled the requirements of their Chapter 13 Bankruptcy Plan. This form is used to request a discharge order from the court to release the debtor from any further obligation to repay their debts. There are two types of South Carolina Certification of Plan Completion and Request for Discharge (Chapter 13): one for individual debtors and one for joint debtors. The individual debtor form must be completed by the debtor and submitted to the court, while the joint debtor form must also be completed and signed by both debtors. The form requires information such as the name and address of the debtor, the case number, the date the plan was approved, and the amount of debt discharged. The form also requires the debtor to certify that they have met all the requirements of the plan, including making all payments as required. Once the form is completed and submitted, the court will review the information and issue a discharge order, if applicable.

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FAQ

For most filers, a Chapter 7 case will end when you receive your discharge?the order that forgives qualified debt?about four to six months after filing the bankruptcy paperwork.

For restitution, or damages, awarded in a civil action against the debtor as a result of willful or malicious injury by the debtor that caused personal injury to an individual or the death of an individual.

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.

About 45 days after you've received your discharge, you will receive a document called a Final Decree. It's the document that officially closes your case. Once this document is received, you are no longer in bankruptcy.

The court can either dismiss it or discharge it. ing to the United States Courts, the goal should be a discharge because this means the court accepts your bankruptcy case and forgives your debts. A dismissal occurs when something goes wrong with your case and the court is unable to finalize the bankruptcy claim.

Once you have paid off all of your chapter 13 bankruptcy debts, you will go to the bankruptcy court for one last hearing ? your discharge hearing. You have the option of directing your attorney to attend the hearing in your place. The bankruptcy judge will review all of your case details.

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.

It's designed so you'll pay the amount you can afford. Therefore, the court will only let you complete your Chapter 13 bankruptcy early under two conditions: You can pay all of your claims, including unsecured debts, in full, or you can prove a financial hardship.

More info

CASE NO. Debtor, CHAPTER, 13. The request for discharge form is required along with the Debtor education certification to get the final discharge order in Chapter 13.The Certificate of Final Payment tells the Court that the debtor has completed all the necessary payments under the plan. Download Certification of Plan Completion and Request for Discharge (Chapter 13) – South Carolina District Bankruptcy Court (South Carolina) form. FI completes the initial case review in Chapter 13 cases and ensures that any required proofs of claim are completed and acknowledged. Notice of Completion of Plan. The Chapter 13 Trustee and her staff will administer your plan. Once the final payment is paid to the Trustee and all of the claims are paid, the debtor will have completed the plan. Remember, some creditors may require proof that you completed your Chapter 13 plan successfully in order for you to obtain credit. Certify promptly to the court when the debtor has successfully completed the plan. 2.

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South Carolina Certification of Plan Completion and Request for Discharge (Chapter 13)