When you filed your Chapter 13 bankruptcy five years ago, the goal was to complete the plan and get a discharge. The “discharge” is the legal determination that all of your unsecured debts that remain after the plan are gone. The collection company or bill collector can no longer bother you or seek payment for those debts.
So, what needs to be done in order to actually get the court to issue the discharge paper?
Like so many of the bankruptcy processes, this can vary from district to district, even in the same state!
Additionally, it may make a difference to the process depending on what else occurred during the bankruptcy. For example, if you own a home and were using the Chapter 13 to “strip” the second mortgage, or a judicial lien, then you want to make sure that everything is done to eliminate that debt and the lien on your property is gone. In most districts, you will need a specific filing to accomplish this. There is a lot to consider before the case is closed.
Michael A. Cibik is a partner at the Philadelphia law firm of Cibik & Cataldo, P.C. He is one of the few attorneys in the Philadelphia area certified by the American Bankruptcy Board.
If you or someone you know is having financial problems, stop worrying and call Michael at (215) 735-1060 for a free consultation.
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