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Debtors finished Chapter 13 Plan (NC), do I wait for clerk to send me notice to file 1328 Form or do I just go ahead and

Posted: Thu Mar 05, 2015 3:57 pm
by Yahoo Bot

I don't wait for the trustee, but go ahead and file the certification and application for discharge.
- John D. Faucher
818/889-8080
On Thursday, March 5, 2015 2:04 PM, "Holly Roark hollyroark22@gmail.com [cdcbaa]" wrote:
Plan completed 6 weeks ago, and no notice from clerk. Should I call clerk? Trustee's office would not give me guidance.
LOCAL RULE SAYS THIS:
3015 (t) Discharge Procedures.
(1) General. When the chapter 13 trustee has completed payments under the plan and all other plan provisions have been consummated, the clerk will send to the debtor and the debtors attorney (if any), a Notice of Requirement to File a Debtors Certification of Compliance Under 11 U.S.C. 1328 and Application for Entry of Discharge. Before any discharge may be entered, the debtor must
comply with the requirements of the Certification of Compliance and file the certification with the court.
(2) Instructional Course on Personal Financial Management. Debtor must also file a certification that an instructional course concerning personal financial management,as required by 11 U.S.C. 1328(g)(1), has been completed or that completion of
such course is not required under 11 U.S.C. 1328(g)(2).
(3) Case Closure without Discharge. If the certifications required by this subsection have not been filed within 60 days of the notice provided under subsection (t)(1) of this rule, then the case may be closed without an entry of discharge.
Holly Roark
Certified Bankruptcy Specialist*
and Sports Lawyer
holly@roarklawoffices.com **primary email address**
www.roarklawoffices.com
Central District of California - Consumer Bankruptcy Attorney
1875 Century Park East, Suite 600 Los Angeles, CA 90067
T (310) 553-2600; F (310) 553-2601
*By State Bar of California Board of Legal
Specialization
**Counsel for Chapter 13 Trustee Kathleen A. McCallister (Idaho) T (208) 922-5100

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