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Chapter 13 discarge
Got it thanks
>
> Form is on the court website under "other forms." Copy attached. Clerk will send something out called Notice of Requirement to File Debtor's Certification of Compliance under 1328 and Application for Entry of Discharge, giving you 30 days to file the form. After you file it, they send out another notice giving creditors I believe 15 days to object. Thereafter the discharge is issued assuming no objections.
>
>
>
> Joseph E. Caceres, Esq.
> Caceres & Shamash, LLP
> 8200 Wilshire Blvd., Suite 400
> Beverly Hills, CA 90211
> Tel: (310) 205-3400
> Fax: (310) 878-8308
> E-mail: jec@...
>
bradweillaw
> Sent: Wednesday, February 06, 2013 2:26 PM
> To: cdcbaa@yahoogroups.com
> Subject: [cdcbaa] Re: Chapter 13 discarge
>
>
>
> Right and that says the clerk is supposed to send the certificate of compliance and you have 60 days to send it back. So that happens when? When does the clerk send that to me or am I supposed to download it and fill it out?
>
> --- In cdcbaa@yahoogroups.com , Catherine Christiansen wrote:
> >
> > Read LBR 3015-1(t)
> >
> >
> >
> >
> > Law Office of Catherine Christiansen
> > 17011 Beach Blvd. Ste 900, Huntington Beach, CA 92647
> > Tel: (714) 375-6651 Fax: (562) 490-8572
> > attorneychristiansen@
> > This e-mail is private and confidential and is intended solely for the recipient(s) named or otherwise identified herein. If you are not named or otherwise identified as an intended recipient, please delete this e-mail message and any copies thereof and immediately notify Christiansen Law Offices by e-mail or by telephone (562)608-8368.
> >
> >
> >
> >
> >
> >
> > ________________________________
> > To: cdcbaa@yahoogroups.com
> > Sent: Wednesday, February 6, 2013 8:51 AM
> > Subject: [cdcbaa] Chapter 13 discarge
> >
> >
> >
> > Hello group. My first Chapter 13 client has made it through his plan and is now at the point of discarge. Nancy Curry has filed "Notice of intent to file trustee's final report and account, obtain discarge of debtor and close case". I have already filed the 2nd credit counseling certificate but I am worried I have to do something else for this client to obtain a discarge. I have had conversations with lawyers from other districts who say there is a certificate of compliance you need to file at the end of the Ch 13 in order to obtain a discarge. I looked at the courts web site and could not find a form. I looked at the local rules and it said the cleark would send me something. What is the timeline for a Chapter 13 discarge once the debtor has finished all plan payments. Do I need to do anything or does it happen automatically as in a Chpater 7? This is a 100% case but there were several creditors that did not file claims and did not get paid so
> > I think the client still needs a discarge to protect from those claims. I have several Ch 13 discarges comming up in the next few years and this is one of my first clients so I want to make sure I get it right. Any advise or help with the right form would be appriciated. The notice does say if no objection is filed the court will discarge the debtor. Does that happen automatically?
> >
>
> ________________________________
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The post was migrated from Yahoo.
Form is on the court website under "other forms." Copy attached. Clerk will send something out called Notice of Requirement to File Debtor's Certification of Compliance under 1328 and Application for Entry of Discharge, giving you 30 days to file the form. After you file it, they send out another notice giving creditors I believe 15 days to object. Thereafter the discharge is issued assuming no objections.
Joseph E. Caceres, Esq.
Caceres & Shamash, LLP
8200 Wilshire Blvd., Suite 400
Beverly Hills, CA 90211
Tel: (310) 205-3400
Fax: (310) 878-8308
E-mail: jec@locs.com
The post was migrated from Yahoo.
Right and that says the clerk is supposed to send the certificate of compliance and you have 60 days to send it back. So that happens when? When does the clerk send that to me or am I supposed to download it and fill it out?
>
> Read LBR 3015-1(t)
>
>
>
>
> Law Office of Catherine Christiansen
> 17011 Beach Blvd. Ste 900, Huntington Beach, CA 92647
> Tel: (714) 375-6651 Fax: (562) 490-8572
> attorneychristiansen@...
> This e-mail is private and confidential and is intended solely for the recipient(s) named or otherwise identified herein. If you are not named or otherwise identified as an intended recipient, please delete this e-mail message and any copies thereof and immediately notify Christiansen Law Offices by e-mail or by telephone (562)608-8368.
>
>
>
>
>
>
> ________________________________
> To: cdcbaa@yahoogroups.com
> Sent: Wednesday, February 6, 2013 8:51 AM
> Subject: [cdcbaa] Chapter 13 discarge
>
>
>
> Hello group. My first Chapter 13 client has made it through his plan and is now at the point of discarge. Nancy Curry has filed "Notice of intent to file trustee's final report and account, obtain discarge of debtor and close case". I have already filed the 2nd credit counseling certificate but I am worried I have to do something else for this client to obtain a discarge. I have had conversations with lawyers from other districts who say there is a certificate of compliance you need to file at the end of the Ch 13 in order to obtain a discarge. I looked at the courts web site and could not find a form. I looked at the local rules and it said the cleark would send me something. What is the timeline for a Chapter 13 discarge once the debtor has finished all plan payments. Do I need to do anything or does it happen automatically as in a Chpater 7? This is a 100% case but there were several creditors that did not file claims and did not get paid so
> I think the client still needs a discarge to protect from those claims. I have several Ch 13 discarges comming up in the next few years and this is one of my first clients so I want to make sure I get it right. Any advise or help with the right form would be appriciated. The notice does say if no objection is filed the court will discarge the debtor. Does that happen automatically?
>
The post was migrated from Yahoo.
Read LBR 3015-1(t)
Law Office of Catherine Christiansen
17011 Beach Blvd. Ste 900, Huntington Beach, CA 92647
Tel: (714) 375-6651 Fax: (562) 490-8572
attorneychristiansen@gmail.com
This e-mail is private and confidential and is intended solely for the recipient(s) named or otherwise identified herein. If you are not named or otherwise identified as an intended recipient, please delete this e-mail message and any copies thereof and immediately notify Christiansen Law Offices by e-mail or by telephone (562)608-8368.
________________________________
To: cdcbaa@yahoogroups.com
Sent: Wednesday, February 6, 2013 8:51 AM
Subject: [cdcbaa] Chapter 13 discarge
Hello group. My first Chapter 13 client has made it through his plan and is now at the point of discarge. Nancy Curry has filed "Notice of intent to file trustee's final report and account, obtain discarge of debtor and close case". I have already filed the 2nd credit counseling certificate but I am worried I have to do something else for this client to obtain a discarge. I have had conversations with lawyers from other districts who say there is a certificate of compliance you need to file at the end of the Ch 13 in order to obtain a discarge. I looked at the courts web site and could not find a form. I looked at the local rules and it said the cleark would send me something. What is the timeline for a Chapter 13 discarge once the debtor has finished all plan payments. Do I need to do anything or does it happen automatically as in a Chpater 7? This is a 100% case but there were several creditors that did not file claims and did not get paid so
I think the client still needs a discarge to protect from those claims. I have several Ch 13 discarges comming up in the next few years and this is one of my first clients so I want to make sure I get it right. Any advise or help with the right form would be appriciated. The notice does say if no objection is filed the court will discarge the debtor. Does that happen automatically?
The post was migrated from Yahoo.
Chapter 13 discharge is not automatic, you and your client need to complete and file the following local rules form: DEBTORS CERTIFICATION OF COMPLIANCE UNDER 11 U.S.C. 1328(a) AND APPLICATION FOR ENTRY OF DISCHARGE. You can obtain from the CDCA website under Local Rules Forms.
Frank X. Ruggier
Price Law Group, APC
15760 Ventura Blvd., Suite 1100
Encino, CA 91436
Direct: (818) 205-2406
Fax: (818) 907-2106
www.pricelawgroup.com
The post was migrated from Yahoo.
Hello group. My first Chapter 13 client has made it through his plan and is now at the point of discarge. Nancy Curry has filed "Notice of intent to file trustee's final report and account, obtain discarge of debtor and close case". I have already filed the 2nd credit counseling certificate but I am worried I have to do something else for this client to obtain a discarge. I have had conversations with lawyers from other districts who say there is a certificate of compliance you need to file at the end of the Ch 13 in order to obtain a discarge. I looked at the courts web site and could not find a form. I looked at the local rules and it said the cleark would send me something. What is the timeline for a Chapter 13 discarge once the debtor has finished all plan payments. Do I need to do anything or does it happen automatically as in a Chpater 7? This is a 100% case but there were several creditors that did not file claims and did not get paid so I think the client still needs a discarge to protect from those claims. I have several Ch 13 discarges comming up in the next few years and this is one of my first clients so I want to make sure I get it right. Any advise or help with the right form would be appriciated. The notice does say if no objection is filed the court will discarge the debtor. Does that happen automatically?
The post was migrated from Yahoo.