The Massachusetts Motion For Entry of Chapter 13 Discharge (And Affidavit In Support) is a legal document used in Chapter 13 bankruptcy proceedings. It is used by the debtor to request a court order that will discharge the debtor’s remaining debts that are listed in the debtor’s bankruptcy plan. The motion is accompanied by an affidavit, sworn under oath by the debtor, which verifies the accuracy of the information contained in the motion. The motion and affidavit must be completed and filed with the court in order to proceed with the bankruptcy discharge. There are two types of Massachusetts Motion For Entry of Chapter 13 Discharge (And Affidavit In Support): (1) Motion for Entry of Discharge and (2) Motion for Entry of Discharge with a Request for Final Decree. With the first type, the debtor is requesting an order from the court that will discharge the debts listed in the bankruptcy plan. With the second type, the debtor is also requesting a final decree from the court that will close the bankruptcy case and legally end the debtor’s obligations to creditors.
Massachusetts Motion For Entry of Chapter 13 Discharge (And Affidavit In Support)
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FAQ
Filers are usually hoping to get a bankruptcy discharge. That's the order that wipes out certain debts and gives you a fresh start. A dismissal is very different. It means your case has been stopped before the court granted a discharge.
A case closed without discharge is not dismissed, and it is not discharged. It can happen in several ordinary circumstances. Chapter 13 cases that follow closely after the Debtor receives a Chapter 7 discharge will not be discharged. In these cases, after the plan payments are completed, the case will be closed.
The bankruptcy trustee will typically be entitled to claim any non-exempt portion of the settlement and distribute it to creditors.
LOCAL RULE 1016-1 Procedure Upon the Death or Incapacity of a Debtor During the Pendency of a Bankruptcy Case. (a) Notice of Death. In a bankruptcy case which has not been closed, a Notice of Death of the debtor Fed. R.
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.
Although a chapter 13 debtor generally receives a discharge only after completing all payments required by the court-approved (i.e., "confirmed") repayment plan, there are some limited circumstances under which the debtor may request the court to grant a "hardship discharge" even though the debtor has failed to
Final Step: Final Decree (Case Closed) and Freedom! About 45 days after you've received your discharge, you will receive a document called a Final Decree. It's the document that officially closes your case. Once this document is received, you are no longer in bankruptcy.
The discharge is a permanent order prohibiting the creditors of the debtor from taking any form of collection action on discharged debts, including legal action and communications with the debtor, such as telephone calls, letters, and personal contacts.