Call the Bankruptcy Court If you need to, you can call the courthouse and ask to speak with the clerk of the court. He or she will be able to tell you when your bankruptcy discharge took effect. This may not be the fastest way to check, depending on the age of your case.
My colleagues are correct. Generally, the discharge will occur approximately 65 days after the 341 meeting. You can also check on the Notice of Filing of Chapter 7 Bankruptcy, Meeting of Creditors and Deadlines.
In most cases, the court will close your case shortly after it enters your discharge. But the court can reopen your bankruptcy case for a variety of reasons even after you receive your discharge. Read on to learn more about why your bankruptcy case may be reopened and who can request that the court reopen it.
For most filers, a Chapter 7 case will end when you receive your discharge—the order that forgives qualified debt— about four to six months after filing the bankruptcy paperwork. Although most cases close after that, your case might remain open longer if you have property that you can’t protect (nonexempt assets).
If the court grants a creditor or trustee’s objection to a debt discharge, you’ll remain responsible for paying the debt. Interested parties such as creditors or the trustee still have time to object to your bankruptcy discharge after your initial hearing.
Following a bankruptcy discharge, debt collectors and lenders can no longer attempt to collect the discharged debts. That means no more calls from collectors and no more letters in the mail, as you are no longer personally liable for the debt. A bankruptcy discharge doesn’t necessarily apply to all of the debt you owe.
A bankruptcy discharge releases the debtor from personal liability for certain specified types of debts. In other words, the debtor is no longer legally required to pay any debts that are discharged.
The Trustee Will Review Your Schedules Most trustees will compare the information provided in the bankruptcy petition and schedules (the paperwork you file with the court) to other financial documents you turn over, such as paycheck stubs, tax returns, and bank statements.
While any assets you obtain after you’ve been discharged are safe, any that were seized under the bankruptcy that have not yet been dealt with remain under the control of the trustee or official receiver. They can still be used to pay off your debts even after discharge and you will not be able to take them back.
Most consumer debt, including medical bills and credit card bills, is dischargeable. Certain debts, however, are non – dischargeable, meaning they cannot be wiped out through bankruptcy. These are debts that Congress has decided should not be able to be discharged for public policy reasons.
If the court revokes your bankruptcy discharge, you’ll remain liable for any previously discharged debts. Also, if you committed fraud or otherwise abused the bankruptcy system, you might have to pay fines, forfeit assets, or face criminal prosecution.
If a bankruptcy case is closed without a discharge because an individual debtor did not timely file a Certificate of Completion of Instructional Course Concerning Personal Financial Management, a debtor must file a Motion to Reopen the Case. Closing does not necessarily mean that all adversary proceedings are finished.