Vermont Motion for Entry of Discharge (Chapter 13) is the legal form used for requesting a discharge of debt in a Chapter 13 bankruptcy case in the state of Vermont. It is a motion filed with the bankruptcy court by the debtor, or their attorney, and is the final step in the process of obtaining a discharge of debt. This motion must include information about the debtor’s repayment plan, the completion of all payments, and any other information as required by the court. There are two types of Vermont Motion for Entry of Discharge (Chapter 13): the traditional motion and the no asset motion. The traditional motion is typically used when the debtor has assets and is able to make payments on their debts. The no asset motion is used when the debtor has no assets and does not have the ability to make payments on their debts. Both motions must be approved by the bankruptcy court before a discharge of debt can be granted.
Vermont Motion For Entry of Discharge (Chapter 13)
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How to fill out Vermont Motion For Entry Of Discharge (Chapter 13)?
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FAQ
What Is a Chapter 13 Debt Discharge? A Chapter 13 debt discharge is a court order releasing the debtor of all debts that are dischargeable. You don't have to pay back debts that have been discharged. Creditors are also prohibited from trying to collect debts after the case is finalized.
You Have Too Much Debt. You must have no more than $419,275 of unsecured debt or $1,257,850 of secured debt to be eligible for a Chapter 13 bankruptcy. Secured debts refer to debts based on collateral, in which the creditor has the right to take property back if you do not make payments.
Unlike chapter 7, creditors do not have standing to object to the discharge of a chapter 12 or chapter 13 debtor. Creditors can object to confirmation of the repayment plan, but cannot object to the discharge if the debtor has completed making plan payments.
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.
Taxes, spousal support, child support, alimony, and government-funded or backed student loans are some types of debt you will not be able to discharge in bankruptcy.
Is my mortgage debt discharged when I exit Chapter 13 Bankruptcy? A Chapter 13 Bankruptcy will not eliminate the lien on your home, unless the home is completely paid-off through the Bankruptcy. However, you may be able to remove a wholly unsecured junior lien.
Key Takeaways. Types of debt that cannot be discharged in bankruptcy include alimony, child support, and certain unpaid taxes. Other types of debt that cannot be alleviated in bankruptcy include debts for willful and malicious injury to another person or property.
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.