QUESTION

What happens if I am ordered withholding discharge but we completed successfully?

Asked on Nov 07th, 2016 on Bankruptcy - Oregon
More details to this question:
I filed chapter 7 then 2 years later filed 13 to payback to save home.
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3 ANSWERS

Bankruptcy Attorney serving Las Vegas, NV at A Fresh Start
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The reason your discharge has been withheld is because you do not appear to have been eligible for a Chapter 13 discharge. If you file Chapter 13 less than 4 years after filing chapter 7, you are not eligible by law for a discharge.
Answered on Dec 10th, 2016 at 6:46 AM

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I'm sorry, but your question was not entirely clear. Here is what I think you are asking: Your discharge in Ch. 13 is not going to be granted (because you must wait four years after a Ch. 7 to file a Ch. 13 case-and get a discharge. You can file sooner (a rare event), but you would be using the bankruptcy system simply to hold off your creditors while you get them paid, in whole or part. Once your Ch. 13 Plan is completed-as it apparently has been-either of two things happens: a. If you paid your creditors 100% of their claims, then your situation is as good as having been granted a discharge, because they will no longer have claims on you; or b. If you have not paid your creditors 100% of their claims, they will not be entitled to try to collect the rest from you. Did you have an experienced lawyer assist you in the second bankruptcy?
Answered on Dec 09th, 2016 at 5:52 AM

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Bankruptcy Attorney serving Salem, OR
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Then you complete the chapter 13 without a discharge. You don't need a discharge as you already received one in the chapter 7, you just needed the automatic stay and confirmed plan to allow you to make up the missed home payments.
Answered on Dec 09th, 2016 at 5:51 AM

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