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West Virginia Chapter 13 Debtor's Certification to the Court Regarding Entry of Discharge

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West Virginia
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WV-SKU-0074
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Chapter 13 Debtor's Certification to the Court Regarding Entry of Discharge
West Virginia Chapter 13 Debtor's Certification to the Court Regarding Entry of Discharge is a form used by a debtor in West Virginia who has successfully completed a Chapter 13 Bankruptcy. This form certifies that the debtor has completed all the necessary requirements of the bankruptcy plan, including paying all the creditors as required by the plan. This certification is required to be filed with the court in order for the debtor to receive a discharge of their remaining debts and obligations. The two types of West Virginia Chapter 13 Debtor's Certifications to the Court Regarding Entry of Discharge are: 1. Confirmation of Completion of Plan Payments: This certification confirms that the debtor has paid all the required payments under the Chapter 13 Bankruptcy plan, and that the debtor is eligible to receive a discharge of their remaining debts and obligations. 2. Certification Regarding Undischarged Debts: This certification confirms that the debtor has not discharged any debts that remained unpaid at the end of the Chapter 13 Bankruptcy plan, and that the debtor is not eligible for a discharge of those debts.

West Virginia Chapter 13 Debtor's Certification to the Court Regarding Entry of Discharge is a form used by a debtor in West Virginia who has successfully completed a Chapter 13 Bankruptcy. This form certifies that the debtor has completed all the necessary requirements of the bankruptcy plan, including paying all the creditors as required by the plan. This certification is required to be filed with the court in order for the debtor to receive a discharge of their remaining debts and obligations. The two types of West Virginia Chapter 13 Debtor's Certifications to the Court Regarding Entry of Discharge are: 1. Confirmation of Completion of Plan Payments: This certification confirms that the debtor has paid all the required payments under the Chapter 13 Bankruptcy plan, and that the debtor is eligible to receive a discharge of their remaining debts and obligations. 2. Certification Regarding Undischarged Debts: This certification confirms that the debtor has not discharged any debts that remained unpaid at the end of the Chapter 13 Bankruptcy plan, and that the debtor is not eligible for a discharge of those debts.

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FAQ

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.

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.

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.

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.

Courts can issue a discharge ruling when the debtor meets the discharge requirements under Chapter 7 or Chapter 11 of federal bankruptcy law, or the ruling is based on a debt canceling. A canceling of debt happens when the lender agrees that the rest of the debt is forgiven.

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.

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.

More info

PURSUANT TO §1328(a) OF THE BANKRUPTCY CODE. The motion must substantially conforms to Local Form M131 Certification and Motion for Discharge Pursuant to 11 U.S.C. § 1328 (a) and (h).The Debtor believes that a Chapter 13 Discharge may be entered in this case after the objection period to the Debtor's Certificate of Compliance with. The Debtors move for entry of a discharge under § 1328(a) of the Bankruptcy Code. 1 Rather than compel the clerk to enter a discharge order, the court simply grants the Debtor's discharge for the reasons explained below. The purpose of the notice is to provide the debtor with an opportunity to complete the course and file the appropriate document prior to the filing deadline. Q: Will the clerk of court enter a discharge in a chapter 13 case if a debtor education certificate is not filed? Updated: August 2006. DEBTOR'S CERTIFICATE OF COMPLIANCE WITH CONDITIONS RELATED TO ENTRY OF CHAPTER 13 (US Courts) UNITED STATES BANKRUPTCY COURT (US Courts) Certain taxes in cases filed on or after October 17, 2005, are excepted from discharge.

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West Virginia Chapter 13 Debtor's Certification to the Court Regarding Entry of Discharge