Texas Debtor(s) Certification And Motion For Entry of Chapter 13 Discharge (Abilene)
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FAQ
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.
§ 1328(b) without completing all of the requirements under the chapter 13 plan. A discharge pursuant to § 1328(b) is referred to as a ?hardship discharge.? This order does not close or dismiss the case. This order means that no one may make any attempt to collect a discharged debt from the debtors personally.
After receiving all required payments under the plan (including any tax refunds owed) and completing an audit to determine that all amounts owed were received, the Chapter 13 Trustee will file a Certificate of Final Payment with the Bankruptcy Court.
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.
Title 11 refers to a type of bankruptcy proceeding. A title 11 case is a case under title 11 of the U.S. Code (relating to bankruptcy). However, it only applies if you are under the jurisdiction of the court in the case and the discharge of indebtedness is granted by the court or is under a plan approved by the court.
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.
For restitution, or damages, awarded in a civil action against the debtor as a result of willful or malicious injury by the debtor that caused personal injury to an individual or the death of an individual.
In a Chapter 11 case filed by an individual (i.e., a natural person), a discharge is granted by the court separately, after the completion of payments under the plan. A discharge is a court order relieving the debtor from liability for certain debts.