Hello, I have a question regarding Chapter 13 in New York State. I live in the Buffalo, NY area. I filed C13 in 2010. It was completed in August of 2014. In September, I received a Summary Closing Report and Account letter from the US bankruptcy Court stating unless a written application is filed on or before 60 days from the date of the certificate of mailing of this notice (09/19/2014) the estate will be closed and the trustee and the surety on the trustee's bond will be released. I thought that after the 60 days, I would receive my discharge. But yesterday, I received a letter from the US bankruptcy court titled Notice of Plan Payments Paid and Opportunity to Request Hearing for Application of 11USC and 522 (q) giving them 30 more days! Can you explain why they have yet another 30 days?
Probably because those are the procedures set out i your local rules. Procedures can vary across districts and while my district does not have the procedures you outlined, at some point the judges in your district determined that the fairest way to make sure all parties' due process rights are protected was to use the process you are going through. Take heart, it is almost over and you should get your discharge early in the new year.
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Closing and discharge are 2 different things.You want a discharge.
In mass, you must take and provide evidence that you took the "second " course;
AND you must file a motion.
that may also be the case in NY, I do not know.
here is 522q
(1) As a result of electing under subsection (b)(3)(A) to exempt property under State or local law, a debtor may not exempt any amount of an interest in property described in subparagraphs (A), (B), (C), and (D) of subsection (p)(1) which exceeds in the aggregate $125,000 if—
(A) the court determines, after notice and a hearing, that the debtor has been convicted of a felony (as defined in section 3156 of title 18), which under the circumstances, demonstrates that the filing of the case was an abuse of the provisions of this title; or
(B) the debtor owes a debt arising from—
(i) any violation of the Federal securities laws (as defined in section 3(a)(47) of the Securities Exchange Act of 1934), any State securities laws, or any regulation or order issued under Federal securities laws or State securities laws;
(ii) fraud, deceit, or manipulation in a fiduciary capacity or in connection with the purchase or sale of any security registered under section 12 or 15(d) of the Securities Exchange Act of 1934 or under section 6 of the Securities Act of 1933;
(iii) any civil remedy under section 1964 of title 18; or
(iv) any criminal act, intentional tort, or willful or reckless misconduct that caused serious physical injury or death to another individual in the preceding 5 years.
assuming none of that relates to you, the court is just ticking off its boxes.
BUT get a lawyer, so u get the discharge that u worked for
You would need to read the motion and any exhibits that should have accompanied this notice to know why someone is asking for an additional 30 days. BTW, the notice probably was made by someone other than the bankruptcy court, as the court rarely acts "sua sponte" on its own initiative. There coud be any number of reasons this hearing was requested. In most communities, the local rules spell out a final process a debtor must complete to obtain a Chapter 13 discharge - in my community, it is a certificate of compliance. Hope this perspective helps!
Your fact pattern is unclear. For example, while you say you live in Buffalo, you didn't say whether you filed this bankruptcy in the Western District of New York. Also, you're not going to receive your discharge until you file proof of completion of the post-petition financial management course with the court. Given what you've said, though, it seems as though you have. It's possible a written application was filed for an extension.
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