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Do you go in front of a Judge for a Discharge Chapter 13

Corona, CA |

I am expecting my discharge letter any day now , Just wondering if you need to be in front of a Judge or go to court when you get discharged , how does it work ?

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Attorney answers 4

Posted

Assuming you have filed all the required certifications (esp. re Domestic Support Obligations) and you have filed (or the trustee filed for you) a certificate of having taken a Financial Management Course, you should get your discharge in the mail. I think most Trustees have an audit process they have to complete to make everything and everyone that needs to be paid has been, but after that your discharge should be issued and mailed to you within a month or two from your last payment. Congratulations!

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Posted

Are you represented by bankruptcy counsel for your Chapter 13? If so, please contact him or her so that the advice regarding your particular situation is correct. In the past in New Jersey, the Bankruptcy Judges held hearings for Discharges, however, they were much more in the nature of congratulating you for completing your Chapter 13 Plan terms and conditions. It was routine to pass around the tissues because it was very emotional. Now, with electronic filing and cutbacks, many bankruptcy motions are heard "on the papers" (without the need for an appearance) and Discharge Orders are mailed to all creditors and a copy would be mailed to you without the need to appear before your Bankruptcy Judge. It seems anti-climatic after all you have been through to complete your Chapter 13 Plan but well worth it because the Discharge Order serves as a permanent injunction against all collections (with the exception of any debts deemed non-dischargeable). Congratulations!

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Posted

No, your notice of discharge will come in the mail. Congratulations on successful completion. Don't forget to file your post-petition financial counseling certificate.

Posted

You should not have to see a Judge after confirmation of your plan unless you motion the court for something specific, like to buy or sell property. Your Trustee will file some final reports and as long as you submitted your second credit counseling certificate you should be getting your discharge without a hearing.

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