Indiana Chapter 13 Discharge is a process through which individuals who have filed for bankruptcy under Chapter 13 of the Bankruptcy Code can receive a discharge of their remaining debts. The discharge is a court order that permanently eliminates the debtor's legal obligation to pay certain debts. This discharge is usually available once the debtor has successfully completed their repayment plan. There are two types of Chapter 13 Discharge in Indiana: the General Discharge and the Partial Discharge. The General Discharge is available after all payments have been made in full and the repayment plan has been completed. The Partial Discharge may be available if the debtor has made all payments required under the plan, but some debts remain unpaid. The Partial Discharge eliminates the debtor's obligation to pay the remaining debts, but creditors may still have the right to collect the unpaid amounts.
Indiana Chapter 13 Discharge
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How to fill out Indiana Chapter 13 Discharge?
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In any event, if the debtor fails to make the payments due under the confirmed plan, the court may dismiss the case or convert it to a liquidation case under chapter 7 of the Bankruptcy Code.
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.
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.
Ending Your Plan Early There are only two ways to pay off a Chapter 13 bankruptcy early: pay 100% of the allowed claims filed in your case, or. qualify for a hardship discharge.
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.
If your Chapter 13 plan payment is too high, you can sometimes get it lowered if you encounter a reduction in household income. If your income reduces, you are many times also allowed to reduce your plan payment. This is accomplished usually by filing a Motion to Modify your Chapter 13 plan.
If the Chapter 13 plan is dismissed, creditors may immediately initiate or continue with state court litigation pursuant to applicable state law to foreclose on the petitioner's property or garnish their income. If a bankruptcy case is dismissed, the legal affect is that the bankruptcy is deemed void.
Chapter 13 Discharge Frequently Asked Questions. How long does a Chapter 13 discharge take? Once the discharge process begins, it can take 6-8 weeks for the discharge to occur. This process starts once you have completed your payment plan over 3-5 years and meet all other requirements.