The West Virginia Chapter 13 Affidavit for Entry of Discharge Order After Completion of Plan Payments is a legal document that is used to certify that a debtor has successfully completed all payments required under their Chapter 13 bankruptcy repayment plan. This document is typically filed with the court by the debtor's attorney or trustee and serves as evidence that the debtor's debts have been discharged. There are two types of West Virginia Chapter 13 Affidavit for Entry of Discharge Order After Completion of Plan Payments: the Discharge Order and the Final Decree. The Discharge Order is issued after the debtor has met all the requirements of their repayment plan and is a court order that releases the debtor from any further obligations to creditors and releases the lien on any assets used to secure the debts. The Final Decree is issued after the discharge order, and it is a court order that confirms the discharge of the debtor's debts and officially closes the case.
West Virginia Chapter 13 Affidavit for Entry of Discharge Order After Completion of Plan Payments
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How to fill out West Virginia Chapter 13 Affidavit For Entry Of Discharge Order After Completion Of Plan Payments?
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FAQ
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.
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.
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.
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.
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.
What Is a Chapter 13 Hardship Discharge? A hardship discharge is a discharge the court grants you before you complete all of the required payments under your Chapter 13 repayment plan.
If you pay your Chapter 13 plan off early, you alter the agreed upon terms of your bankruptcy case. Now, you'll be responsible for paying your creditors all of your original outstanding debt, including the amount that would've been discharged.
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.