When all payments have been made pursuant to the Chapter 13 repayment plan, you (the debtor) may request a discharge by making a motion to the bankruptcy court.
After discharge, all property in the bankruptcy estate belongs to you (the debtor), free and clear of all claims and interests of creditors, with a few exceptions, such as mortgages. A criminal fine, or damages for personal injury, may not be discharged. A motion objecting to debtor’s discharge must be filed no later than 60 days after the 341(a) meeting of creditors.
A hearing will be held no more than 10 days before the date of entry of the order of discharge to determine if all requirements for discharge have been met.You will not be discharged if the court finds that you:
If you have failed to file the requisite documents, a party in interest may request that your case be dismissed. The court must grant the request within seven days after it is made.
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.
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.