The timing of the discharge varies, depending on the chapter under which the case is filed. In a chapter 7 bankruptcy (liquidation) case, for example, the court usually grants the discharge promptly on expiration of the time fixed for filing a complaint objecting to discharge and the time fixed for filing a motion to dismiss the case for substantial abuse (60 days following the first date set for the 341 meeting). Typically, this occurs about four months after the date the debtor files the petition with the clerk of the bankruptcy court. In cases under chapter 13 (adjustment of debts of an individual with regular income), the court grants the discharge as soon as practicable after the debtor completes all payments under the plan. Since a chapter 13 bankruptcy plan may provide for payments to be made over three to five years, the discharge typically occurs after all payments are made.
To learn more, contact The Law offices of Jill McDonald. We have two convenient locations in Clearwater and in St. Petersburg. (727) 231-4300
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