Wyoming Chapter 13 Discharge

State:
Wyoming
Control #:
WY-BKR-3180W
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Description

Chapter 13 Discharge

Wyoming Chapter 13 Discharge is a process whereby a debtor can have their debts either partially or completely eliminated after successfully completing a repayment plan. This process is available to individuals who have a regular income and who are unable to pay their debts. There are two types of Wyoming Chapter 13 Discharge: the full discharge and the partial discharge. The full discharge is when all the debtor’s eligible debts are discharged. The partial discharge is when some of the debtor’s eligible debts are discharged. In order to be eligible for a Wyoming Chapter 13 Discharge, the debtor must complete all payments under their repayment plan, have no missed payments, and have no new debts during the repayment period. Additionally, the debtor must attend a meeting of creditors and get approval from the court. Once these requirements are met, the court will issue an order discharging the debtor’s eligible debts.

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FAQ

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.

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.

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.

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.

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.

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.

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.

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.

More info

In chapter 12 and chapter 13 cases, the debtor is usually entitled to a discharge upon completion of all payments under the plan. The Chapter 13 "discharge order" is the final order you receive in your Chapter 13 bankruptcy.A Chapter 13 debt discharge is a court order releasing the debtor of all debts that are dischargeable. Your discharge means any remaining debt is forgiven and creditors cannot go after you for it. When you complete your Chapter 13 repayment plan, you'll receive a discharge order that will wipe out the remaining balance of qualifying debt. A Chapter 13 discharge occurs once a payment plan has been completed. A debtor is entitled to a discharge after all payments under the Chapter 13 repayment plan are completed. Once you have completed your repayment plan, the discharge process begins immediately. After successfully completing your Chapter 13 payment plan over a 36 to 60 months period, the discharge process is triggered. One resounding positive that comes with a Chapter 13 filing is that it can remove some of the items that adversely impact your credit score.

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Wyoming Chapter 13 Discharge