Therefore, the odds are piled against you, and a successful Chapter 13 bankruptcy case heavily depends on your rapport with your attorney. Chapter 7 bankruptcy can be fast and painless, whereas Chapter 13 bankruptcy is more of a long-term partnership.
At the conclusion of the case, every Chapter 13 debtor must do one thing in order to obtain a discharge. This is the filing of Chapter 13 Debtor's Certifications Regarding Domestic Support Obligations, Official Form 283.
The U.S. Bankruptcy Code treats the effects of the system on children and former spouses very seriously. In fact, numerous sections of the law were altered to safeguard children and ex-spouses against the possibility that a consumer would exploit a lacuna in order to avoid fulfilling their parental responsibilities.
The bankruptcy system recognizes, among other things, that domestic support obligations are administered by state law and local tribunals as opposed to the federal judiciary. Because these two systems rarely communicate information, it is difficult for the court to ensure that a bankruptcy debtor is complying with all state legal requirements.
Input Form 283, as mandated by Section 1328(a) of the United States Bankruptcy Code. Section 1328(a) provides
[A]s soon as practicable after completion by the debtor of all payments under the plan, and in the case of a debtor who is required by a judicial or administrative order, or by statute, to pay a domestic support obligation, after such debtor certifies that all amounts payable under such order or statute that are due on or before the date of the certification (including amounts due before the petition was filed, but only to the extent provided for by the plan) have b[een] paid, the trustee shall
Form 283 is simply a declaration by the debtor that he or she has met the requirements of Section 1328(a). It must be lodged with the court after all Chapter 13 Plan payments have been made, and failure to do so will prevent a discharge from being issued.
This is one of the numerous reasons why the relationship between a client and bankruptcy attorney is so important, particularly in a Chapter 13 case. If you and your attorney are not in regular contact, a straightforward one-page form may stand between you and the fresh start you deserve.
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