Chapter 13 discharge?
Posted: Wed Jan 07, 2015 4:55 pm
charsetndows-1252
Useful advice. But not to tiptoe around it, the Trustees form of Notice is outdated and is misleading.
Jason
Jason Wallach
jwallach@gladstonemichel.com
On Jan 7, 2015, at 4:49 PM, 'Vernon L. Ellicott, Esq.' vle@vlelaw.com [cdcbaa] wrote:
> You still need to file the Ch 13 debtors application for discharge. Be sure you don't use the one that says Interim Case on it.
>
> Vernon L. Ellicott, Esq.
> Certified Family Law Specialist
> California State Bar Board of Legal Specialization
> Family Law, Bankruptcy and Estate Planning
> Law Offices of Vernon L. Ellicott
> 325 E. Hillcrest Drive, Suite 150 23929 Valencia Blvd., Suite 411
> Thousand Oaks, CA 91360-7799 Valencia, CA 91355
> (805) 446-6262 Phone (661) 222-2922 Phone
> (805) 446-6264 Fax
>
> This e-mail transmission and any documents, files, or previous e-mail messages attached to it, may contain confidential information from the LAW OFFICES OF VERNON L. ELLICOTT that is legally privileged. If you are not the intended recipient, or a person responsible for delivering it to the intended recipient, you are hereby notified that any disclosure, copying, distribution or use of any of the information contained in or attached to this message is STRICTLY PROHIBITED. If you received this transmission in error, please immediately notify us by reply e-mail, or by telephone at (805) 446-6262, and destroy the original transmission and its attachments and all copies of any kind, without reading them or saving them in any way. Thank you.
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> -----Original Message-----
> Sent: Wednesday, January 07, 2015 4:48 PM
> To: cdcbaa@yahoogroups.com
> Subject: [cdcbaa] Chapter 13 discharge?
>
> Trustee has filed a Notice of Intent to File Trustee's Final Report and Account, Obtain Discharge of Debtor and Close Case.
> Debtor has paid all the plan payments and they have all been disbursed.
>
> The title of the Notice and the text indicates that (if there is no objection) "the court will discharge debtor".
> Sounds like debtor's counsel does not have to do anything. Is this language wrong?
>
> But, what about the local form, Debtor's Certification of Compliance Under 11 USC 1328(a) and Application for Entry of Discharge? Is that form outdated?
>
> What about LBR 3015-1(t)(1) which requires a further notice and application for discharge?
>
> Honestly, I don't recall the last time I got to the end of a Chapter 13, so, please help and advise.
>
> Jason
>
> Jason Wallach
> jwallach@gladstonemichel.com
>
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charsetndows-1252
Useful advice. But not to tiptoe around it, the Trustees form of Notice is outdated and is misleading.Jason
Jason Wallachjwallach@gladstonemichel.com
On Jan 7, 2015, at 4:49 PM, 'Vernon L. Ellicott, Esq.' vle@vlelaw.com [cdcbaa] <cdcbaa@yahoogroups.com> wrote:You still need to file the Ch 13 debtors application for discharge. Be sure you don't use the one that says Interim Case on it.Vernon L. Ellicott, Esq.Certified Family Law SpecialistCalifornia State Bar Board of Legal SpecializationFamily Law, Bankruptcy and Estate PlanningLaw Offices of Vernon L. Ellicott325 E. Hillcrest Drive, Suite 150 23929 Valencia Blvd., Suite 411Thousand Oaks, CA 91360-7799 Valencia, CA 91355(805) 446-6262 Phone (661) 222-2922 Phone(805) 446-6264 Fax
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