QUESTION
What should I do if I just checked my credit report and it looks like no discharge papers have been filed?
Asked on Aug 31st, 2016 on Bankruptcy - Washington
More details to this question:
I filed my Chapter 13 bankruptcy in 2014. Shouldn't my attorney have done this after my court hearing?
7 ANSWERS
Landlord & Tenant Attorney serving Thibodaux, LA
at
The Louque Law Firm, L.L.C.
Update Your Profile
If you filed a Chapter 13 bankruptcy in 2014 your case is not discharged unless all your debt is paid off 100%. Your attorney is not responsible for reporting a discharge to the credit bureaus. That information is usually updated from the public records.
Answered on Sep 26th, 2016 at 5:34 AM
I am amazed that you believe that your attorney has the power to issue you a Chapter 13 discharge after only two years. Or even at ALL! The Court, not your attorney, DISCHARGES debts. In a Chapter 13, you might be able to get a discharge after 3 years after completing your PLAN, but most people are not eligible for a discharge in Chapter 13 until 5 years have elapsed.
Answered on Sep 22nd, 2016 at 6:22 PM
Commercial & Bankruptcy Law Attorney serving Powell, OH
at
Ronald K. Nims
Update Your Profile
Chapter 13 bankruptcies can take up to 60 months. The discharge won't be issued until the plan has been successfully completed or a termination has been approved by the court.
Answered on Sep 22nd, 2016 at 6:22 PM
The two matters are separate. You can notify the credit bureaus and include confirmation paperwork.
Answered on Sep 22nd, 2016 at 6:22 PM
No, you have 36 to 60 months to complete prior to Discharge.
Answered on Sep 21st, 2016 at 6:00 PM
Bankruptcy Attorney serving Madison, WI
at
Richard B. Jacobson & Associates, LLC
Update Your Profile
It is not generally the lawyer's job to file any document with the credit reporting bureaus. In some federal districts the first chapter 13 trustee does that; in others he or she does not. Why not get hold of the discharge order (which is not hard), and send a copy to each of the credit reporting bureaus? Perhaps if you requested your bankruptcy lawyer will attend to it.
Answered on Sep 21st, 2016 at 5:59 PM
Bankruptcy Attorney serving Seattle, WA
at
The Law Office of Marc S. Stern
Update Your Profile
Chapter 13's are 3 to 5 years long. The discharge does not get entered until it is finished.
Answered on Sep 21st, 2016 at 5:53 PM