Free Chapter 13 Debtor’s Certification of Compliance and Motion For Entry of Discharge - Oklahoma


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State: Oklahoma
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Preview Chapter 13 Debtor’s Certification of Compliance and Motion For Entry of Discharge
UNITED STATES BANKRUPTCY COURT FOR THE EASTERN DISTRICT OF OKLAHOMA In re: Debtor.* ) ) ) ) Case No. Chapter 13

*All references to "Debtor" shall include and refer to both of the Debtors in a case filed jointly by two individuals, unless any information is noted as specifically applying to only one Debtor

CHAPTER 13 DEBTOR'S CERTIFICATION OF COMPLIANCE AND MOTION FOR ENTRY OF DISCHARGE This Court has jurisdiction pursuant to 28 U.S. C. §157 and 11 U.S.C. §1328. The Debtors filed their bankruptcy case under chapter 13 of the Bankruptcy Code on_______________. The Debtors Chapter 13 plan filed_______________ was confirmed on_______________. All payments have been completed under the terms of Debtor's Confirmed Chapter 13 plan filed on__________________ and confirmed on____________________. As a result, the Debtor files this Motion requesting that the Court grant a discharge in accordance with 11 U.S.C. §1328 and files the following certification under penalty of perjury. Debtor hereby certifies under penalty of perjury that the following statements are true and correct: 1. 2. The Chapter 13 Trustee has filed a Notice of Completion of Plan Payments on _______________. The Debtor has filed Official Form 23: Debtor's Certification of Completion of Instructional Course Concerning Personal Financial Management on______________ and has filed the Certificate that the Debtor has completed an Instructional Course as described in 11 U.S.C. §111. The Debtor has not been required by a judicial or administrative order, or by statute, to pay any domestic support obligation as defined in 11 U.S.C.§101(14A) , either prior to the date the petition was filed, or any time after the petition date. or Prior to the date of this certification, Debtor has paid all amounts due under a domestic support obligation, as defined in 11 U.S.C. §101(14A) and required by a judicial or administrative order, or by statute (including amounts due before the petition was filed, but only to the extent provided for by the Plan) in accordance with 11 U.S.C. §1328(a). 4. The following creditors hold a claim that is not discharged under 11 U.S.C. §523(a)(2) or (a)(4) or a claim that was reaffirmed under 11 U.S.C. §524(c): Name of Creditor:______________________________________________________ Name of Creditor:______________________________________________________ Name of Creditor:______________________________________________________ Name of Creditor:______________________________________________________

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Debtor represents that 11 U.S.C. §522(q)(1) is not applicable to Debtor; that is to say, the Debtor has not been convicted of a felony which under the circumstances, demonstrates that the filing of the case was an abuse of the provisions of the Bankruptcy Code; or that the Debtor owes any debt arising from (1) any violation of the Federal securities laws, any State securities laws, or any regulations issued under Federal or State securities laws, (2) fraud, deceit or manipulation in a fiduciary capacity or in connection with the purchase or sale of any security registered under section 12 or 15(d) of the Securities Exchange Act of 1934 or under section 6 of the Securities Act of 1933, (3) any civil remedy under section 1964 of title 18, or (4) any criminal act, intentional tort, or willful or reckless misconduct that caused serious physical injury or death to another individual in the preceding 5 years. The Debtor has not claimed an exemption under 11 U.S.C. §522(b)(3) in an amount in excess of $125,000 in property of the kind described in 11 U.S.C. §522(q)(1) [generally the Debtor's homestead] or The Debtor has claimed an exemption under 11 U.S.C. §522(b)(3) in an amount in excess of $125,000 in property of the kind described in 11 U.S.C. §522(q)(1) but there is no pending proceeding in which Debtor may be found guilty of a felony of the kind described in 11 U.S.C. §522(q)(1)(A) or found liable for a debt of the kind described in 11 U.S.C. §522(q)(1)(B).

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Pursuant to 11 U.S.C. §1328(f), the Debtor has not received a discharge in a case filed under Chapter 7, 11, or 12 in the (4) year period preceding the date of the order for relief under this chapter and has not received a discharge in a case filed under Chapter 13 in the 2 year period preceding the date of such order. Debtor's current address:________________________________________________ ____________________________________________________________________ ____________________________________________________________________ Debtor's current or most recent employer and address:_________________________ _____________________________________________________________________ _____________________________________________________________________

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Debtor declares under penalty of perjury that the foregoing statements are true and correct and that the Court may rely on the truth of each statement in determining whether to grant a discharge in this case. Debtor further understands that the Court may revoke the discharge if such order of discharge was procured by fraud. ___________________ Signature of Debtor Date:_______________ ____________________ Signature of Joint Debtor Date:_______________

I hereby certify that this Certification was mailed to all creditors and parties in interest as evidenced on the attached list on the ________ day of ___________, 200 7. ____________________________ Signature of Attorney for Debtor Signature of Debtor, if pro se