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South Carolina Hearing Notice (Certification of Chapter 13 Plan Completion and Request for Discharge)

State:
South Carolina
Control #:
SC-SKU-0057
Format:
Word
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Description

Hearing Notice (Certification of Chapter 13 Plan Completion and Request for Discharge)

The South Carolina Hearing Notice (Certification of Chapter 13 Plan Completion and Request for Discharge) is a document filed with the court in the context of a Chapter 13 bankruptcy case. It is a notice from the debtor, the trustee, and the creditor that the debtor has successfully completed their payment plan and is requesting a discharge from their debts. It is used to inform the court and all other interested parties that the debtor has finished the plan and is now eligible for a discharge. There are two main types of South Carolina Hearing Notice: a Certification of Plan Completion and a Request for Discharge. The Certification of Plan Completion is a document that is provided to the court and creditors to certify completion of the payment plan. The Request for Discharge is a document that requests the court to discharge the debtor's debts.

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FAQ

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.

Your debts will not be discharged. Often creditors?especially unsecured creditors?don't bother to file claims with the bankruptcy court and their debts get discharged, but only if you complete the plan. When the case is dismissed, those creditors stay with you.

For most filers, a Chapter 7 case will end when you receive your discharge?the order that forgives qualified debt?about four to six months after filing the bankruptcy paperwork.

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.

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.

As your case enters its final stages, the Chapter 13 Trustee will complete an audit of your case. This audit ensures the Trustee has paid out all necessary payments to creditors and all the required laws have been followed.

It's designed so you'll pay the amount you can afford. Therefore, the court will only let you complete your Chapter 13 bankruptcy early under two conditions: You can pay all of your claims, including unsecured debts, in full, or you can prove a financial hardship.

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.

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South Carolina Hearing Notice (Certification of Chapter 13 Plan Completion and Request for Discharge)