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Missouri Debtors Motion For Entry of Chapter 13 Discharge Due To Plan...

Missouri Debtors Motion For Entry of Chapter 13 Discharge Due To Plan Completion

Name: Missouri Debtors Motion For Entry of Chapter 13 Discharge Due To Plan Completion
Brand: US Legal Forms
Price: 59.00 USD
Rating: 4.64 (419 reviews)

Category:

Missouri Bankruptcy - Official - Western District

State:

Missouri

Control #:

MO-SKU-0312

Format:

Instant download

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Description

Debtors Motion For Entry of Chapter 13 Discharge Due To Plan Completion Missouri Debtors Motion for Entry of Chapter 13 Discharge Due to Plan Completion is a motion used by debtors in the state of Missouri to request that the bankruptcy court enter a discharge of their Chapter 13 bankruptcy debt. This motion is typically filed when the debtor has successfully completed all payments under their Chapter 13 repayment plan and all other requirements of the plan have been met. The motion must be accompanied by a certificate of completion from the debtor's attorney and/or trustee, as well as documentation of any modifications or additional payments made to the plan. There are two types of Missouri Debtors Motion for Entry of Chapter 13 Discharge Due to Plan Completion: an Automatic Motion and a Non-Automatic Motion. An Automatic Motion is a motion that is automatically granted by the court after the debtor has completed all requirements of the plan. A Non-Automatic Motion requires the debtor to submit a motion to the court for approval and must be accompanied by supporting documentation.

Missouri Debtors Motion for Entry of Chapter 13 Discharge Due to Plan Completion is a motion used by debtors in the state of Missouri to request that the bankruptcy court enter a discharge of their Chapter 13 bankruptcy debt. This motion is typically filed when the debtor has successfully completed all payments under their Chapter 13 repayment plan and all other requirements of the plan have been met. The motion must be accompanied by a certificate of completion from the debtor's attorney and/or trustee, as well as documentation of any modifications or additional payments made to the plan. There are two types of Missouri Debtors Motion for Entry of Chapter 13 Discharge Due to Plan Completion: an Automatic Motion and a Non-Automatic Motion. An Automatic Motion is a motion that is automatically granted by the court after the debtor has completed all requirements of the plan. A Non-Automatic Motion requires the debtor to submit a motion to the court for approval and must be accompanied by supporting documentation.

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How to fill out Missouri Debtors Motion For Entry Of Chapter 13 Discharge Due To Plan Completion?

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FAQ

Under Federal Rules of Bankruptcy Procedure Rule 4004, a trustee or creditors have sixty (60) days after the first date set for the 341(a) Meeting of Creditors to file a complaint objecting to discharge.

To object to the debtor's discharge, a creditor must file a complaint in the bankruptcy court before the deadline set out in the notice. Filing a complaint starts a lawsuit referred to in bankruptcy as an "adversary proceeding."

What happens when a creditor files an objection? A creditor's objection does not automatically prevent a discharge of debt. The debtor gets a chance to file an answer to the objection, and the court may hold a hearing to decide the issue. This is called an adversary proceeding, and it works much like any other lawsuit.

A creditor will usually object to the discharge of its particular debt when fraud or an intentional wrongful act occurs before the bankruptcy case. For instance, examples of nondischargeable debts, if proven, could include: The costs and damages caused by intentional and spiteful conduct.

Chapter 13 is often preferable to chapter 7 because it enables the debtor to keep a valuable asset, such as a house, and because it allows the debtor to propose a "plan" to repay creditors over time ? usually three to five years.

One common ground for denying a discharge is when the debtor ? with intent to hinder, delay, or defraud a creditor ? transfers, removes, destroys, mutilates, or conceals property within one year before the date of filing for bankruptcy or any time after the date of filing.

Debt collectors cannot try to collect on debts that were discharged in bankruptcy. Also, if you file for bankruptcy, debt collectors are not allowed to continue collection activities while the bankruptcy case is pending in court.

Within 30 days after filing the bankruptcy case, even if the plan has not yet been approved by the court, the debtor must start making plan payments to the trustee.

More info

In chapter 12 and chapter 13 cases, the debtor is usually entitled to a discharge upon completion of all payments under the plan. To complete the request, both the debtor and debtor's attorney will need to complete and sign the Plan Payoff Request.Motion for Entry of Discharge. After receiving the Notice of Completion of Plan, you are required to file a Motion for Entry of Discharge. Debtor Barbara Faye Thornton filed a Motion for Entry of Chapter 13 Discharge Due to Plan Completion, to which the Chapter 13 Trustee objects. Richard and Virginia Kessler, contending that they have completed their plan payments, move for entry of discharge. To obtain a discharge the debtor must file a motion for discharge. The Closing Department in the Chapter 13 Trustee Office. In a Chapter 13 bankruptcy case, the plan may be filed concurrently with the petition. Shortly after you file for a Chapter 13 bankruptcy, you will prepare a plan to repay your debts (the Chapter 13 repayment plan).

Missouri Debtors Motion For Entry of Chapter 13 Discharge Due To Plan Completion

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How to fill out Missouri Debtors Motion For Entry Of Chapter 13 Discharge Due To Plan Completion?

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How long do creditors have to object to discharge?

Can a creditor object to a debt being discharged?

What happens if a creditor objects to discharge?

What is the basis to object to discharge?

Does a Chapter 13 plan allow a debtor to retain possession of his or her assets?

How may a debtor avoid a discharge of a debt?

Can a creditor collect on a discharged debt?

What days after a debtor files a Chapter 13 repayment plan the debtor must begin making payments?

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