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Chapter 13 is a legal proceeding under federal bankruptcy law that allows you to obtain relief from your creditors while providing a fair means for you to pay them back. In exchange for the protection provided by the Federal Bankruptcy Court, you agree to repay creditors over time.
This form is for use in a chapter 13 case in which the debtor has completed payments under the confirmed plan. Form 18WH may be used if the debtor receives a so-called “hardship” discharge pursuant to section 1328(b) of the Code before completing the plan payments.
Debtors who complete their Chapter 13 plan must file additional documents to be eligible to receive a Chapter 13 Discharge. It is recommended that the debtor consult with his/her attorney to complete the required documents. The following procedures are to be followed for successful Chapter 13 cases: 1.
Typically, a Chapter 13 debtor receives a discharge upon completion of all plan payments. To be eligible for discharge, a a Debtor must complete a post-petition financial management course and file a statement that the debtor owes no unpaid domestic support obligations. The court cannot issue a discharge if the debtor received a discharge in a ...
Chapter 13 - Adjustment of Debts for an Individual with Regular Income: This Chapter of the U.S. Bankruptcy Code provides a court-supervised method for a debtor to pay back creditors over a period of time of up to five years.
• The Chapter 13 repayment plan must meet certain criteria to be confirmed, such as providing for payment of past due child support, alimony, income taxes, and other “priority” debts (debts that must be paid first).
While a Chapter 13 case is pending, the debtor must: • Seek court approval to incur new debt or sell assets . • Remit all tax funds over a certain time period to Trustee. • File an annual statement disclosing the amount and source of debtor’s income. DISMISSAL AND CONVERSION : At any time, the debtor may voluntarily : dismiss: the Ch 13
