Completion or Dismissal of the Plan


Request for Dismissal by You
Stopping Payroll Deductions
Discharge


Request for Dismissal by You:

Federal bankruptcy law allows you to request that you Chapter 13 case be dismissed at any time.  No one can force you to remain under a Chapter 13 plan if you do not wish to continue.  If you desire to stop your case, contact your attorney.  However, you should understand that a dismissal will reactivate all unpaid or disputed debts, all interest, finance charges, all late charges not allowed by the court and all debts of creditors who did not file their claims.  In addition, you will be forced to deal with those creditors on their terms, not yours or the Court's.  The request for dismissal of your plan must be in writing.  We urge you to give careful consideration to such a decision.

Return to the Top


Stopping Payroll Deductions:

It is the Trustee's policy to cease payroll deductions as quickly as possible when a plan is completed.  This is done during the month when the Trustee reviews a list of cases that are completed or nearing completion.  However, to ensure that the Trustee has paid all claims filed by creditors with the Bankruptcy Court, a review of the Court's records is performed.  On rare occasions, the court may receive a claim which the Trustee did not and, therefore, did not pay.  Any additional claims will be scheduled for payment according to the terms of the Order Confirming the Plan.  As soon as all claims are paid in full, the Trustee will notify your employer to stop the payroll deduction.  Usually, there is a delay in processing these instructions, and your employer may remit one or two additional payments.  These funds will be returned to you in full, without deduction of the normal Trustee fee.

When it appears that your case is completed, the Trustee's office will generate a "Final Report and Account," as well as a debtor refund check.  Along with disbursements to creditors, refunds to debtors will be issued on or about the 10th of each month.

Additionally, the Trustee will submit the "Final Report and Account" to the Court.  This procedure usually takes six weeks or longer.  The Court will notify you, your attorney and all creditors by mail of the completion of your case.

Return to the Top


Discharge:

When you have successfully completed your plan payments, you will receive notice from the Court which finally will "discharge" you from your case.  This discharge also acts as an injunction against your creditors, prohibiting them from taking unauthorized action against you after your case is ended.


Return to the Top