Closing Your Chapter 13 Case

magnet taking money bag

magnet taking money bagHopefully you are reading this because you have made it to the end of your Chapter 13 Plan.  Maybe you just got the Notice of Completion of Plan Payments.  Now it is time to get your discharge and have your case closed.  Congratulations.  A Chapter 13 Plan is not an easy thing to complete.

Notice of Completion of Plan Payments

When you have made all your payments the Trustee will file a Notice of Completion of Plan Payments.  This will start the closing process.  This process will usually take about 45 to 60 days.  It may take a few weeks for the payments coming out of your pay to stop so make sure you budget for this.  You will get the overpayments back, but it will take a few months.

The Affidavit of Discharge

The Trustee will then send you an Affidavit of Discharge to complete.  We will help you complete this form and file it with the Court.  The Court will then do an audit.  They will make sure you completed the second credit counseling course.  The Trustee will also have to make sure all the checks sent to creditors have cleared and that you have turned over any required tax refunds. 

The Order of Discharge

Next the Court will issue the Order of Discharge.  This order is short and simple.  It just says the discharge has been granted.  It doesn’t even list the creditors who were included.  If you have student loans that were included in the plan you will need to get back on a payment plan for any amount you still owe.  A few weeks after this you will get the Court notices closing the case.  These include the Trustee’s Final Report and the Final Decree and Close of Bankruptcy Case.

magnet taking money bag

About Southern Maryland Law

 

Andrews, Bongar, Gormley & Clagett is one of the oldest and largest law firms in Southern Maryland. We have been serving clients here for over 50 years. 

 

We have more attorneys and a larger staff than most other local law firms, so we can handle a wider variety of legal matters. Each attorney concentrates his or her practice in a few key areas, so you can be assured of the expertise you need.

 

But we are not so big that we forget about personal service! Your legal matter is unique, and requires a personalized approach. We will always remember that. If you have a legal issue, contact us today to schedule your consultation.