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Jul 2013

Chapter 13: Don’t get disqualified at the finish line

Posted by / in Chapter 13 Bankruptcy /

Have you made all your payments under your Chapter 13 plan?  You can still lose your discharge—unless you file your §1328 Certification.

Why is that?  You cannot get a chapter 13 discharge if you were one of the people who caused the housing crisis back in 2007 and 2008.  Or if you’ve been convicted of bank fraud.


After you’ve made all your Chapter 13 payments, you can still get disqualified at the finish line. In Virginia you have to sign a form saying you are current on your child support. and that you didn’t steal money from the bank bailout.

You also can’t move into Virginia just to claim the Virginia homestead exemption.  (This will NEVER apply here, because our $25,000.00 homestead is one of the worst in the country.)

You have to have taken the required classes.  And you can’t be too close to a previous bankruptcy.

These last are easy for the bankruptcy court to look up.

But the bankruptcy court has no way of knowing whether you are current on your support.  Or whether you stole money from the bank bailout.

So, they ask you to swear to it.

In the Eastern District of Virginia, there’s a local form, that you need to file.  Here’s that form, here.  Or 1328 certification

You have to file this form, or your bankruptcy is closed without a discharge.

If you haven’t already, download and sign it.  Scan and email to [email protected].

Thanks!  The long Chapter 13 marathon is over.

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Robert Weed has helped fifteen thousand people file bankruptcy in Northern Virginia. Robert Weed is a frequent panelist and speaker at the meetings of the National Association of Consumer Bankruptcy Attorneys. He is one of Northern Virginia’s most experienced personal bankruptcy lawyers. As an expert on changing consumer bankruptcy laws, Robert Weed has been interviewed on local and national TV and quoted in newspapers across the country.