Wisconsin Chapter 13 Discharge

State:
Wisconsin
Control #:
WI-SKU-0180
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Description

Chapter 13 Discharge

Wisconsin Chapter 13 Discharge is a type of bankruptcy relief available to individuals who are unable to pay their creditors in full. It is a form of reorganization in which the debtor makes payments to a trustee over a three- to five-year period, and the trustee distributes the payments to the creditors. The debtor is then discharged from most of their debts upon completion of the plan. Types of Wisconsin Chapter 13 Discharge include General Discharge, Special Discharge, and Super Discharge. A General Discharge releases the debtor from all debts that are provided for in the Chapter 13 plan, except certain priority claims. A Special Discharge releases the debtor from certain debts that are not provided for in the Chapter 13 plan, such as certain types of back taxes and student loans. A Super Discharge releases the debtor from all debts that are provided for in the Chapter 13 plan, including priority claims.

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FAQ

Wisconsin Chapter 13 Bankruptcy Explained Chapter 13 debtors repay a portion of their debts by making payments to a trustee. After making payments and complying with other requirements of Chapter 13, the court grants the debtor a discharge of debt.

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.

If you received a discharge in a Chapter 13 bankruptcy, you are required to wait at least six years to obtain another discharge through Chapter 7. However, this period could be shorter if you paid 100% of your unsecured creditors in your Chapter 13.

There is at least a twelve-month waiting period to apply for an FHA home loan after your Chapter 13 discharge date. Additionally, you must show that you have a positive payment history, as well as written permission from the bankruptcy court to take out a mortgage loan after bankruptcy.

You'll need to wait 2 ? 4 years depending on your loan type. For a Chapter 13 bankruptcy, you may be able to apply immediately or you may need to wait up to 4 years. FHA loans are a great option after bankruptcy because they allow you to buy a home with a lower credit score.

Taxes, spousal support, child support, alimony, and government-funded or backed student loans are some types of debt you will not be able to discharge in bankruptcy.

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.

year waiting period is permitted after a Chapter 13 dismissal, if extenuating circumstances can be documented. There are no exceptions permitted to the twoyear waiting period after a Chapter 13 discharge.

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. The Chapter 13 "discharge order" is the final order you receive in your Chapter 13 bankruptcy.A Chapter 13 debt discharge is a court order releasing the debtor of all debts that are dischargeable. Your discharge means any remaining debt is forgiven and creditors cannot go after you for it. When you complete your Chapter 13 repayment plan, you'll receive a discharge order that will wipe out the remaining balance of qualifying debt. A Chapter 13 discharge occurs once a payment plan has been completed. A debtor is entitled to a discharge after all payments under the Chapter 13 repayment plan are completed. Once you have completed your repayment plan, the discharge process begins immediately. After successfully completing your Chapter 13 payment plan over a 36 to 60 months period, the discharge process is triggered. One resounding positive that comes with a Chapter 13 filing is that it can remove some of the items that adversely impact your credit score.

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Wisconsin Chapter 13 Discharge