How Long Before I Recieve My Bankruptcy Discharge Papers
Most bankruptcy experts indicate that, under normal circumstances, an individual who files for bankruptcy can expect to receive his or her discharge papers within 90 days, or three months, upon receipt of notification that the bankruptcy was successfully discharged. According to others, a timeline of 120 days, or four months, is slightly more realistic. However, in any case involving bankruptcy, there is always a chance that some type of task may prove difficult to complete and thus result in a delay of the issuance of the discharge order.
Any delay will require some type of notification to inform the filer that the bankruptcy would be reopened. In some cases, the workload from an overwhelming number of bankruptcy filings that the court has to handle at any given time may contribute to a delay when it comes time to issue the final closing paperwork. Likewise, there are also several actions that must occur to the courts satisfaction in order for the trustee to agree to discharge the bankruptcy.
Any inconsistencies, appeals or activities that appear to be rare that come to the attention of the court will need to be reviewed prior to closing a bankruptcy, so the debtor must keep in mind that anything out of the ordinary that results in additional time and tasks will delay the discharging and sending of the required bankruptcy paperwork.
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Should I File For Chapter 13 After Filing For Chapter 7
If you file Chapter 13 at least four years after filing Chapter 7, you can have a very low monthly Chapter 13 payment plan and receive a full discharge of all remaining balances after you complete the three- to five-year plan. For example, you could pay as little as $100 a month for three years inside of Chapter 13, paying very little to your creditors and yet still discharging the remaining balances owed.
This may be a good option for people who have student loan debt, certain types of income tax debt and child support payments to make, says Sean Fox, president of Freedom Debt Relief. These things cannot get discharged in a Chapter 7 bankruptcy.
Do You Have Surplus Income
If your monthly income is $200 or more in excess of the current surplus income limit set by the government, it is possible that your bankruptcy will be extended for longer than nine months, and you will be required to pay a portion of this income into your bankruptcy.
It is not wrong to make surplus income, but it is only fair that a portion of it be paid to your creditors. Having surplus income also lengthens the period you are bankrupt usually to twenty-one months for first-time bankruptcies.
For more information, see our page on surplus income.
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Determining The Date A Bankruptcy Discharge Took Effect
In the world of bankruptcy, there are many different dates to keep track of. For many debtors, one of the most important is the date the bankruptcy was actually filed. Thefiling date creates a number of powerful protections, including the bankruptcy stay which prevents creditors from attempting to collect on a debt they are owed.
Other dates include the 341 creditor meeting date, the date by which motions must be filed, and of course the discharge date. The bankruptcy discharge date is the date on whichall of your qualifying debts are officially wiped away. After that, creditors cannot attempt to collect on those debts that were the subject of the bankruptcy discharge.
If you recently went through a bankruptcy, and you need to know the date of your bankruptcy discharge, there are a few different things you can do.
Why It Might Take Longer To Complete Your Chapter 7 Bankruptcy
Even though in most cases, the court grants a discharge and closes the case in less than five months, things don’t always go that smoothly. How long the delay might take will depend on the type of problem involved.
- Short delay. If you don’t provide information when you should, but you correct the problem quickly, both your discharge and the closure of your case will be delayed briefly .
- Moderate to long delay. If a property issue exists, you’ll likely receive your discharge promptly but your case will remain open while the property issue gets resolved. The length of the delay usually depends on the complexity of the dispute or length of time it takes the trustee to sell the property.
- Long delay. If there’s a question about whether you should receive a discharge, you’ll likely be involved in a bankruptcy lawsuit. Both your discharge and the closure of your case could be delayed by six months to a year.
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Filing For Chapter 7 Bankruptcy Yourself
Pro se litigants are expected to follow the rules and procedures in federal courts and should be familiar with the United States Bankruptcy Code, the Federal Rules of Bankruptcy Procedure and the local rules of the court in which the case is filed, the U.S. Bankruptcy court says on its website.
Those filing pro se can hire a non-attorney petition preparer, but the prepares can only enter information into forms, they cant offer legal advice or assist in other ways.
Cibik and Solomon both say that while hiring a bankruptcy lawyer isnt necessary, hiring one can be a huge help. The process will end up costing between $1,500 and $2,500.
The Bankruptcy Code is complex almost as complex as the Tax Code, said Cibik.. He served as a bankruptcy trustee under Chief Bankruptcy Judge Emil Goldhaber. My favorite quote from was, if you DIY, its almost like performing brain surgery on yourself.
Solomon said that hes had people come to him for help after trying for months to do it themselves.
How Long Does It Take For Chapter 7 Bankruptcy To Discharge
Chapter 7 bankruptcy is a process that liquidates your assets and repays your creditors to the extent possible. Once you file for Chapter 7 bankruptcy, a meeting of creditors is scheduled. That meeting usually occurs between 21 and 40 days after you file, but must be held within 60 days of the date you filed for bankruptcy. Ten days after that, your bankruptcy trustee reports to the court. The trustee then liquidates your property and pays your creditors. Unless a creditor files a complaint with the court objecting to the discharge, the bankruptcy court will enter a discharge order within two to three months of the creditors meeting. In this best case scenario, it takes between 81 days and 150 days for a discharge to occur. If a creditor objects to discharge or if your petition is denied or converted to Chapter 13, this timeline can be delayed.
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What Happens After Filing For Bankruptcy In 2021
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In a Nutshell
Knowing what happens after you file bankruptcy can make it seem less intimidating. Read on to learn about filing Chapter 7 bankruptcy, the meeting of creditors, keeping your car, and why creditors must stop contacting you after filing.
Knowing what happens after you file bankruptcy can make it seem less scary. Read on to learn about filing Chapter 7 bankruptcy, the meeting of creditors, keeping your car, and why creditors must stop contacting you after filing.
Will A High Credit Score Help You During A Bankruptcy
Myth: A clean credit historyone with no late payments or other issuesand a high credit score means youll be less impacted by a bankruptcy.
The truth: Bankruptcy will have a huge negative impact on your credit, and a previously positive payment history doesnt change that. In fact, if you have a higher score, you could stand to lose more than if you already have a low score.
A bankruptcy also temporarily wipes out all the goodwill you might have developed with your timely payments. Some lenders may have rules about offering credit when a recent bankruptcy shows up on your credit historyno matter how good your score used to be.
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Consider Applying For A Secured Credit Card
After filing for bankruptcy, its unlikely that you will qualify for a traditional credit card. However, you may qualify for a secured credit card. A secured credit card is a credit card that requires a security depositthis deposit establishes your credit limit.
As you repay your balance, the credit card issuer usually reports your payments to the three credit bureaus. Repaying your balance on time can help you build credit. Once you cancel the card, a credit card provider typically issues you a refund for your deposit.
When shopping for secured credit cards, compare annual fees, minimum deposit amounts and interest rates to secure the best deal.
How Long Does A Bankruptcy Stay On My Credit Report
There are differences in severity between a Chapter 7 and a Chapter 13 bankruptcy. According to the Fair Credit Reporting Act , a Chapter 7 bankruptcy can remain on your credit history for up to 10 years from the filing date and a Chapter 13 bankruptcy can remain for a maximum of 7 years.
The FCRA states only the legal maximum amount of time bankruptcies can appear on your report and not the minimum. This means a bankruptcy can be removed earlier than the legal maximum, but it must be proven that it is misreported, unsubstantiated or otherwise found inaccurate. A bankruptcy cannot be removed simply because you do not want it there.
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Find The Original Discharge Order
This is the simplest way to find the date of your discharge. After your bankruptcy proceedings end, the bankruptcy court clerk must mail a copy of the initial discharge order to you. The clerk is only required to send new bankruptcy discharge notices, so if your discharge is old you may have to request one from the court.
If you file for a Chapter 7 bankruptcytypically the option for people with limited income who cannot repay their debtsit usually takes about three to four months after you file your initial bankruptcy petition to receive a discharge order. For Chapter 13 bankruptcieswhich require the debtor to enter into a repayment plan to pay back the debtsyou receive a discharge order upon completion of the repayment plan. Typically, repayment takes three to five years to complete.
If you either lost or misplaced the original discharge order, you can still ask for one from the bankruptcy court that handled your case. To do this, contact the clerk in the court that entered your discharge order. If you need to obtain a certified copy, you usually have to pay an additional fee. If your bankruptcy case is older and archived, the court may charge an additional fee to retrieve your order as it may take more time to locate your case. If all you are looking for is the date and do not need a physical copy of the discharge, a clerk may be willing to simply give you the information without charging a fee.
What Bankruptcy Will Affect While On Your Credit Score
Your payment history, on-time payments, and recent credit reporting can all affect how lenders work with you.
Once you file bankruptcy and businesses see your credit report’s negative information, you may have concerns about:
- Getting a car loan
- Getting loans without a qualified co-signer
- Adding authorized users to some credit cards
- Security deposits and returns of safety deposits
You have options regarding all these concerns if you are having credit or debt issues. There are ways to address each concern by yourself or with professional help. Getting a fresh start is possible, especially after filing bankruptcy.
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Talk To A Credit Counselor Before Filling
It may also be wise before embarking on the process, to participate in , so you can fully assess your situation. Such credit counseling agencies are listed with the National Foundation for Credit Counseling. Counselors may recommend a debt management plan, in which the agency negotiates lower interest rates with creditors, usually credit card companies. You would pay one monthly payment to the debt management agency over three to five years, and the agency pays your creditors.
While theres a small monthly fee as part of the monthly payment, bankruptcy, if hiring an attorney, can end up costing more. Also, unlike bankruptcy, a debt management plan doesnt appear on your credit report, and will eventually result in a higher credit score, so it doesnt have the negative impact on your ability in the future to get loans or financing that a bankruptcy would.
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Does Bankruptcy Wipe Your Credit Report Clean
Myth: All bankruptcy debts will be wiped clean from your credit report.
The truth: While bankruptcy may help you erase or pay off past debts, those accounts will not disappear from your credit report. All bankruptcy-related accounts will remain on your credit report and affect your credit score for up to seven years or as long as they normally would, though their impact will diminish over time.
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About Licensed Insolvency Trustees
If the bankrupt is required to pay a portion of his/her income into the bankruptcy estate, and this is a first bankruptcy, the bankrupt will be eligible for an automatic discharge after contributing to the estate for 21 months.
In the case of a second bankruptcy, if the bankrupt is not required to pay a portion of his/her income into the bankruptcy estate as per the standards established by the OSB, has attended two financial counselling sessions and if no one is opposing the discharge, the bankrupt will be eligible for automatic discharge 24 months after the date of the bankruptcy. Second-time bankrupts who are required to pay a portion of their income into the bankruptcy estate will be eligible for automatic discharge after contributing to the estate for 36 months.
Different rules apply to bankruptcies filed before September 18, 2009. Please contact the OSB at 1-877-376-9902 for more information.
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May The Debtor Pay A Discharged Debt After The Bankruptcy Case Has Been Concluded
A debtor who has received a discharge may voluntarily repay any discharged debt. A debtor may repay a discharged debt even though it can no longer be legally enforced. Sometimes a debtor agrees to repay a debt because it is owed to a family member or because it represents an obligation to an individual for whom the debtor’s reputation is important, such as a family doctor.
How To Get Proof You’ve Been Discharged
Your discharge from bankruptcy will happen automatically, so you won’t necessarily get proof sent to you.
Email the Insolvency Service to get a free confirmation letter. You should only ask for this after the discharge date.
If you ask for a confirmation letter, you must include your:
- full name
- National Insurance number
- court reference number
If youre applying for a mortgage, youll need a Certificate of Discharge. If you originally applied for bankruptcy through a court then youll need to ask them for a certificate. This costs £70 and £10 for extra copies.
If you originally applied for bankruptcy online, email the Insolvency Service for a certificate. Theres no fee for a Certificate of Discharge if you applied online.
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Limitations Of Bankruptcy Discharge
Contrary to what some consumers may believe, bankruptcy is not always the best option in a financial crisis, and a bankruptcy discharge may not relieve them from the obligation of paying off all their debts. Simply put, there are some debts that just cant be discharged.
According to the Federal Judiciary, there are 19 different types of debt that are not eligible for discharge. The most common are spousal child support, alimony payments, and debts for willful and malicious injuries to person or property.
For certain kinds of bankruptcies, condo fees, debts owed to some tax-advantaged retirement plans, debts from DUIs, and student loans are also among them. And any debt not listed on the bankruptcy cannot be discharged. In addition, valid liens on specific property to secure payment of debts that have not been discharged will remain in effect after the discharge, and a secured creditor has the right to enforce the liens to recover such property.
As mentioned above, creditors listed on the discharge are not permitted to contact the debtor or pursue collection activity, and a debtor may file a report with the court if a creditor violates the discharge order. The court may sanction the creditor with civil contempt, which also may be accompanied by a fine.
