Filing for Chapter 13 bankruptcy means a long commitment to repaying all or part of your debts under a court-order Plan (I'm capitalizing here because the actual document is called a "Chapter 13 Plan"). This Plan usually lasts between 3-5 years, and in some parts of the country the failure rate can exceed 70% or more.
So the deck is stacked against you, and a successful Chapter 13 bankruptcy case relies heavily on your good relationship with your lawyer. Whereas a Chapter 7 can be quick and painless, Chapter 13 is more of a long-term partnership.
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At the end of the case, there's one thing that every Chapter 13 debtor must do in order to obtain a discharge. That's the filing of Official Form 283, called, Chapter 13 Debtor's Certifications Regarding Domestic Support Obligations.
The U.S. Bankruptcy Code takes very seriously how the system impacts children and former spouses. In fact, many sections of the law were changed with the specific purpose of protecting children and former spouses from the possibility that a consumer might use some sort of loophole to minimize their responsibilities to take care of their families.
One of the things the bankruptcy system recognizes is that domestic support obligations are handled by state law and local courts rather than by the federal judiciary. These two systems don't often share information, so it's difficult for the court to be sure that a bankruptcy debtor is doing all that is legally required under state laws.
Enter Form 283, which is required under Section 1328(a) of the U.S. Bankruptcy Code. Section 1328(a) states that[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 such 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 been paid, unless the court approves a written waiver of discharge executed by the debtor after the order for relief under this chapter, the court shall grant the debtor a discharge...Form 283 is merely a statement by the debtor that he or she has indeed complied with the requirements of Section 1328(a). It must be filed after completion of all Chapter 13 Plan payments, and a failure to file it with the court will prevent a discharge from being issued.
This is one of the many reasons why the relationship between a client and bankruptcy lawyer is so critical, especially in the context of a Chapter 13 case. A simple one-page form could come between you and the fresh start you deserve unless you and your lawyer are in regular contact.
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