South Carolina Chapter 13 Waiver of Financial Managment

State:
South Carolina
Control #:
SC-SKU-0037
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Word
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Chapter 13 Waiver of Financial Managment

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FAQ

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.

Once you have paid off all of your chapter 13 bankruptcy debts, you will go to the bankruptcy court for one last hearing ? your discharge hearing. You have the option of directing your attorney to attend the hearing in your place. The bankruptcy judge will review all of your case details.

Funds received after the date of an Order of Dismissal or an Order of Conversion in a confirmed case and after the Trustee has closed the case will be disbursed directly to the debtor(s). These refunds will be generated once per month, near the end of the month, prior to the regular disbursement cycle.

In chapter 12 and chapter 13 cases, the debtor is usually entitled to a discharge upon completion of all payments under the plan. As in chapter 7, however, discharge may not occur in chapter 13 if the debtor fails to complete a required course on personal financial management.

To be eligible for a hardship discharge, you must meet the following requirements: You have paid back at least the amount creditors would have received through a Chapter 7 filing. Your financial setback is not your fault. Your financial situation will not improve in the foreseeable future.

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.

Once you've completed your Chapter 13 repayment plan, most remaining nonpriority unsecured debt balances will get discharged. Student loan balances are a notable exception?you'll remain responsible for those (at least for the present). Student loans fall into the category of nonpriority unsecured debts.

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.

More info

Key points covered in this chapter include: VA will adhere to laws and guidance when terminating debt collection activities;. Before you can receive a discharge in Chapter 7 or Chapter 13 bankruptcy, you must complete a course in personal financial management.All Chapter 13 debtors must complete a Personal Financial Management course. A debtor who repays a debt in part or in full, either before or after the filing of a timely hearing petition, does not waive his or her right to a hearing. All Chapter 13 debtors must complete a Personal Financial Management course. Before you can receive a discharge in Chapter 7 or Chapter 13 bankruptcy, you must complete a course in personal financial management. Chapter 13 restructures debt into a repayment plan lasting three to five years and lets you keep assets like your home. 1007(c). Individual Chapter 13 debtors must complete a financial management course to obtain a discharge. 11 U.S.C.S. § 1328(g); Fed. To qualify for Chapter 13 bankruptcy, you must prove that you have the means to keep up with monthly payments.

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South Carolina Chapter 13 Waiver of Financial Managment