Posted by: admin in chapter 13 bankruptcy rules on December 17th, 2009
chapter 13 bankruptcy
Brown eyed girl asked:

Our plan was for 36 months and we made our 36th payment to the trustee this month. What is our next move?

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2 Responses to “How long does it take to be discharged from a chapter 13 bankruptcy?”

  1. brwnbarbie24 says:

    A chapter 13 debtor is entitled to a discharge upon completion of all payments under the chapter 13 plan so long as the debtor: (1) certifies (if applicable) that all domestic support obligations that came due prior to making such certification have been paid; (2) has not received a discharge in a prior case filed within a certain time frame (two years for prior chapter 13 cases and four years for prior chapter 7, 11 and 12 cases); and (3) has completed an approved course in financial management (if the U.S. trustee or bankruptcy administrator for the debtor’s district has determined that such courses are available to the debtor). 11 U.S.C. ยง 1328. The court will not enter the discharge, however, until it determines, after notice and a hearing, that there is no reason to believe there is any pending proceeding that might give rise to a limitation on the debtor’s homestead exemption.

  2. Fun N Sun says:

    It usually takes a few months because paper work has to be filed and the Chapter 13 Trustee has to notify the court of completion. You should get your papers in 2-3 months.