Bankruptcy procedures vary from district to district according to local rules, which change often. You and your bankruptcy lawyer should check the local rules for your district governing confirmation and discharge. In general, however, the Chapter 12 bankruptcy confirmation and discharge processes operate as follows:
The court will set a hearing to confirm the bankruptcy plan within 45 days of filing the plan. The plan will be confirmed if:
The confirmation of the plan binds the parties and vests all property of the estate in you, the debtor. After the plan is confirmed, the trustee will disburse the funds according to the plan.
You (the debtor) are discharged upon completion of all payments pursuant to the plan. If you have a domestic support obligation, you must certify that all domestic support payments have been paid. If all payments are not made, you may obtain a discharge if:
The court will hold a hearing no more than ten days before the discharge hearing to determine if you, the debtor, have:
If none of the above is found, then you are discharged. All property in the estate then belongs to you, free and clear of all claims, with a few exceptions, such as mortgages.
On request of a party in interest, the court may revoke a discharge after a noticed hearing if the discharge was obtained through fraud, and the requesting party was unaware of the fraud when the discharge was granted. The request must be made within one year of the discharge. If a discharge is revoked, the clerk of the court will send a notice to all creditors.
Areas Served:We handle bankruptcy cases through the mid-Hudson Valley including these counties and communities. Counties: Orange, Dutchess, Rockland, Westchester. Communities: Arlington, Beacon, Haverstraw, Middletown, Monsey, Mount Kisco, New City, Newburgh, Ossining, Peekskill, Poughkeepsie, Spring Valley, Stony Point, Suffern, West Haverstraw.