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South Carolina Trustee's Notice to Debtor of Plan Completion and Need to File Request for Discharge (Chapter 13)

State:
South Carolina
Control #:
SC-SKU-0073
Format:
Word
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Description

Trustee's Notice to Debtor of Plan Completion and Need to File Request for Discharge (Chapter 13)

The South Carolina Trustee's Notice to Debtor of Plan Completion and Need to File Request for Discharge (Chapter 13) is a document issued by the South Carolina Trustee to a debtor in a Chapter 13 bankruptcy case. The notice informs the debtor that the Chapter 13 repayment plan has been completed and that the debtor must now file a Request for Discharge in order to receive a discharge of his or her debts. The notice will also provide the debtor with instructions on how to file the request. There are two types of South Carolina Trustee's Notice to Debtor of Plan Completion and Need to File Request for Discharge (Chapter 13): (1) Notice of Completion of Chapter 13 Plan; and (2) Notice of Dismissal or Conversion of Case. The Notice of Completion of Chapter 13 Plan is issued when the debtor has successfully completed the repayment plan and the Notice of Dismissal or Conversion of Case is issued when the case is dismissed or converted to a Chapter 7 bankruptcy.

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FAQ

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.

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.

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.

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.

A Debt Release Letter is a letter written by a creditor to a debtor when their debt has been recouped in full. It establishes that a financial obligation no longer exists between the creditor and debtor.

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.

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.

When you complete your Chapter 13 repayment plan, you'll receive a discharge order that will wipe out the remaining balance of qualifying debt. In fact, a Chapter 13 bankruptcy discharge is even broader than a Chapter 7 discharge because it wipes out certain debts in Chapter 7 bankruptcy.

More info

Completion of Chapter 13 Plan Payments 37 to 61 months after filing. A Notice of Completion of Plan Payments will be filed with the Bankruptcy Court as soon as practicable.Time: Usually 3761 months after filing. In chapter 13 cases, the debtor must file all required tax returns for tax periods ending within 4 years of the filing of the bankruptcy petition. Certify promptly to the court when the debtor has successfully completed the plan. 2. The purpose of the notice is to provide the debtor with an opportunity to complete the course and file the appropriate document prior to the filing deadline. To receive a discharge under § 1328(a), Debtors must complete all payments under their Plan. Here is everything you need to know about the Chapter 13 bankruptcy process. Barred - When an unsecured creditor has had sufficient notice of a bankruptcy filing and does not file a proof of claim in a timely manner. It means you have completed the requirements of your plan.

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South Carolina Trustee's Notice to Debtor of Plan Completion and Need to File Request for Discharge (Chapter 13)