New Kensington, PA asked in Bankruptcy for Pennsylvania

Q: Why is it taking so long to get a Chapter 13 discharge?

We paid back our creditors 100% and we are no longer making plan payments as of April 24, 2020. A Certification of Discharge Eligibility wasn't submitted until June 4th, 2020. Then my attorney submitted an final application of compensation on June 24th, 2020. That hearing won't take place until July 29th, 2020. The same day (June 24th), the trustee sent us a letter that our plan is completed, but the Final Report has to be filed. Is my attorney's compensation application holding up the filing of the Final Report? Also in the letter, the trustee mentioned that it could be an additional 90 days from the filing of the Final report to receive our discharge. With that, we're potentially looking at 180+ days for our case to be closed since we made our last plan payment. I find this to be excessive since we've paid back 100%. Is this common? Thank you.

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2 Lawyer Answers
Timothy Denison
Timothy Denison
Answered
  • Bankruptcy Lawyer
  • Louisville, KY

A: Very slow, very common and very much exacerbated by Covid-19

1 user found this answer helpful

W. J. Winterstein Jr.
W. J. Winterstein Jr.
PREMIUM
Answered
  • Bankruptcy Lawyer
  • Boyertown, PA
  • Licensed in Pennsylvania

A: The law field, like every other business, has been impacted by the coronavirus pandemic, and delays are the result. I'm not sure that the court personnel can do much working at home, and the same is true of the Ch. 13 Trustee's people.

I doubt that your attorney's fee application is delaying anything in the process.

The Chapter 13 Trustee, if a residential Mortgage indebtedness was involved in your bankruptcy, must also issue a Notice to the Mortgage holder, demanding that the Mortgagee file a report showing the status of cure of any arrearage. If the Trustee, or you, disagree and file Objections to the Mortgagee's report, the court will schedule a hearing approximately 30 days after the filing of an Objection.

Congratulations for successfully completing your Plan! Only about seventeen percent of Ch. 13 confirmed plans are successfully completed, nationally.

1 user found this answer helpful

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