Virginia Debtor's’s') Certification of Compliance With 11 U.S.C. 1328 [Use for All Chapter 13 Cases Filed On or After 10/17/05] is a document in the Virginia Bankruptcy Code which is filed by a debtor to certify that they meet the requirements of the Chapter 13 bankruptcy filing. This document must be signed by the debtor and is submitted to the court for approval. It declares that the debtor has been given a copy of the Chapter 13 plan, has completed the required credit counseling, has not been denied a discharge in a prior bankruptcy case, and has fully disclosed all assets and liabilities. It also requires that the debtor have made all required payments under the plan, and that the debtor is not paying any creditors directly outside the plan. The document also prohibits the debtor from incurring any new debt without court approval. There are two types of Virginia Debtor's’s') Certification of Compliance With 11 U.S.C. 1328 [Use for All Chapter 13 Cases Filed On or After 10/17/05]: the individual debtor certification and the joint debtor certification.
Virginia Debtor's(s') Certification of Compliance With 11 U.S.C. 1328 [Use for All Chapter 13 Cases Filed On or After 10/17/05]
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FAQ
Chapter 13 bankruptcy does not ruin many people's lives, and many individual have received relief from their debt in the form of a Chapter 13 bankruptcy.
A case filed under chapter 11 of the United States Bankruptcy Code is frequently referred to as a "reorganization" bankruptcy. Usually, the debtor remains ?in possession,? has the powers and duties of a trustee, may continue to operate its business, and may, with court approval, borrow new money.
Section 1328 Certificate is a document concerning the debtor's domestic support obligations and prior discharges, if any. It is filed by the debtor, debtor's attorney or trustee after completing all payments under the Chapter 13 Plan in order to receive a discharge.
Section 1328(a) adopts a provision contained in the Senate amendment permitting the court to approve a waiver of discharge by the debtor. It is anticipated that such a waiver must be in writing executed after the order for relief in a case under chapter 13.
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