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:
- 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.
Can A Debtor Receive A Second Discharge In A Later Chapter 7 Case
The court will deny a discharge in a later chapter 7 case if the debtor received a discharge under chapter 7 or chapter 11 in a case filed within eight years before the second petition is filed. The court will also deny a chapter 7 discharge if the debtor previously received a discharge in a chapter 12 or chapter 13 case filed within six years before the date of the filing of the second case unless the debtor paid all “allowed unsecured” claims in the earlier case in full, or the debtor made payments under the plan in the earlier case totaling at least 70 percent of the allowed unsecured claims and the debtor’s plan was proposed in good faith and the payments represented the debtor’s best effort. A debtor is ineligible for discharge under chapter 13 if he or she received a prior discharge in a chapter 7, 11, or 12 case filed four years before the current case or in a chapter 13 case filed two years before the current case.
Pull Your Credit Report After Your Bankruptcy Discharge
You should do this about 1.5 months after your bankruptcy case to give ample time for your creditors to update your credit report. Make sure that all of the debt in your bankruptcy case shows that it has been discharged via bankruptcy. You shouldnt have any past due accounts that do not show your bankruptcy information. If there is a debt that shows you are late or missing payments, without your bankruptcy information, you should dispute the item on your credit report and contact the creditor make sure that they will report your account properly going forward. Pull Your Free Annual Credit Report
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On The Insolvency Register
The Insolvency Register, also known as the bankruptcy register we have more information about this here features information about your bankruptcy including the date it was started and when you should be discharged by.
You can access the insolvency register for free, simply search for your name and location and you will find your listing. Its a good idea to keep an eye on this as your bankruptcy progresses to ensure all the information input on it is correct.
What If Ive Already Been Discharged But Havent Received Notice
It is free to obtain a confirmation of discharge from the Insolvency Service. This will then be sent you in the form of a written letter that you can keep and share with creditors in the unlikely case that they should chase you again for payment in the future.
Alternatively, you can print off your listing on the insolvency register featuring your discharge date as informal proof, although your listing is removed after three months so this may not be an option if you are past this time period.
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Will A Chapter 13 Discharge Remove A Vehicle Repossession From My Credit Report
Yes! A Chapter 13 will remove any negative items regarding your repossession. It will remove the indication of the repossession itself, but also the missed payments leading up to the repossession. The Chapter 13 will also prevent you from being sued for a deficiency judgment and will prevent you from being taxed on any deficiency that is forgiven.
Moreover, a Chapter 13 can help you save a car from repossession! A Chapter 13 allows you to repay missed car payments through the Chapter 13 Plan. Or if youd prefer, you can get a new car loan! Its unbelievable to a lot of my clients, but as soon as your Chapter 13 plan is confirmed, you may be able to get a new car loan.
When To Expect The Bankruptcy Discharge
If your bankruptcy chapter proceeds as plannedyou satisfied all requirements and no one successfully objects to your filingyou’ll receive the discharge at the end of your matter after you’ve done the following:
- filed the official petition, schedules, and required local forms
- provided the court with accurate documentation of your debts, assets, income, and financial dealings
- attended the meeting of creditors
- participated in a session with a credit counselor and took a financial management course, and
- if filing under Chapter 13, made all Chapter 13 repayment plan payments.
The court will notify you by mailing out a document called an “order of discharge.” However, the order won’t close your case.
The bankruptcy case will remain open until the bankruptcy trusteethe official who manages your matterdisperses available money to creditors or until any outstanding bankruptcy litigation ends.
Timewise, in a Chapter 7 case, the court sends out the order approximately three to four months after filing. In a Chapter 13 bankruptcy, the discharge comes after completing the three- to five-year repayment plan. In both cases, the order wipes out qualifying debt.
Learn more about debts discharged at the end of Chapter 13 bankruptcy.
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What Is My Bankruptcy Discharge Date
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In a Nutshell
The ultimate goal of bankruptcy is to get a discharge order, which wipes out debts like credit cards and medical bills. Along with your bankruptcy case number, keep your discharge date handy in case youâre contacted about a debt that was discharged.
Written bythe Upsolve Team. Legally reviewed byAttorney Andrea Wimmer
At some point, if you canât pay your debts and need to find debt relief, bankruptcy may be your best option. The primary purpose of filing a Chapter 7 bankruptcy case, or almost any bankruptcy case, is to get a discharge. This is the court order that forever eliminates your legal obligation to repay any dischargeable debts. The âdischarge dateâ is the date that your debts will be officially eliminated.
After Your Creditors Meeting
Federal law also requires the trustee assigned to your case to hold a meeting of creditors within a reasonable time after you file your bankruptcy case. Bankruptcy lawyers, trustees, and judges typically refer to this as a 341 meeting after the Bankruptcy Code statute that addresses this requirement. You must attend this meeting or the trustee will dismiss your case. During the COVID-19 pandemic, many 341 meetings are being conducted remotely.
The trustee will ask you questions to confirm your eligibility as well as any questions they have about the bankruptcy documents you filed. Your creditors are invited to appear at this meeting and ask any relevant questions. In truth, creditors rarely appear at these meetings since it costs them time and money. If a creditor knows that its debt will be discharged, it wonât waste any more money trying to collect it.
The bankruptcy trustee or any of your creditors have 60 days from your meeting of creditors to file an objection to the discharge of your bankruptcy case. Objections are usually based on some fraudulent conduct by a filer or the failure to qualify for a discharge. Objections are rare in consumer cases.
In effect, the 61st day after your meeting of creditors is the earliest that the court can enter your discharge order. It may take anywhere from a few days to a week for processing before the court grants the discharge.
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A Bankruptcy Discharge Is The Court Order That Wipes Out Your Debt In Bankruptcy
A bankruptcy discharge is an order that wipes out qualifying debt, such as balances, utility bills, and medical debt. You’ll receive it toward the end of your Chapter 7 or Chapter 13 bankruptcy, and for most bankruptcy filers, the bankruptcy discharge is the most important part of a bankruptcy case.
Once entered, the filer is no longer responsible for the discharged debt. A creditor can’t call, send demand letters, report nonpayment of the obligation to credit reporting agencies, file a lawsuit, or take other actions to collect the discharged debt.
- Get answers to questions about bankruptcies.
Do You Need Help With Bankruptcy
Whether youre considering filing for bankruptcy or have already done so and are looking for some help with the process, working closely with a Licensed Insolvency Trustee can certainly help.
To be put in touch with a seasoned LIT to help guide you with your bankruptcy, be sure to call Loans Canada today! We can help point you to an appropriate trustee to help you with bankruptcy or any other debt relief services you might be considering.
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Your Responsibilities Aren’t Over After You Receive Your Bankruptcy Discharge
Complex bankruptcy casesthose involving significant property sales or ongoing lawsuits called adversary proceedingsremain open for quite a while after the court grants your discharge. The court won’t close your case until the trustee administers all bankruptcy estate property and files a final accounting.
Here’s the kickeruntil the court closes your case, you must cooperate with the trustee. Some of the things you might have to do could include:
- turning over property you couldn’t protect with a bankruptcy exemption
- responding to discover or appearing at 2004 examination , or
- testifying in or defending yourself in a motion hearing or adversary proceeding.
What If You Live Overseas
If you are living overseas you can still become bankrupt. Creditors that are not based in NZ will be sent a report if they are listed in your bankruptcy, but they can continue to chase you for any money you owe them.
Your assets in New Zealand become the property of the Official Assignee. If you have assets outside of NZ, the Official Assignee may have your NZ bankruptcy recognised in the overseas country and may deal with those assets also.
You can return to NZ during your bankruptcy, but if you want to leave again you will need to apply for permission.
The public register can be searched from overseas. Several credit reporting companies operate in more than one country so your credit rating outside of NZ may be affected.
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What Is A Discharge In Bankruptcy
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 discharge is a permanent order prohibiting the creditors of the debtor from taking any form of collection action on discharged debts, including legal action and communications with the debtor, such as telephone calls, letters, and personal contacts.
Although a debtor is not personally liable for discharged debts, a valid lien that has not been avoided in the bankruptcy case will remain after the bankruptcy case. Therefore, a secured creditor may enforce the lien to recover the property secured by the lien.
What Happens To My Car Loan In Chapter 13
Much like with mortgages, the fact that the lien stays attached to the property leads us in an interesting position. Technically, you no longer owe the debt. The bank can never sue you for defaulting on your car loan. On the other hand, if you want to keep the car, you will need to pay the loan. If you dont pay the car loan, the bank can still repossess it even though the debt is discharged.
That being said, theres also some magic available in Chapter 13 with regard to vehicles. In some cases we can cram down a car loan. That means that if your car is worth less than the balance of the loan, you can elect to pay the value of the car rather than the loan balance. Since cars depreciate quickly, we can usually save you quite a bit of money on car loans in a Chapter 13. Moreover, even if you are not eligible for a cram down we can still elect to pay your car loan through the Chapter 13 plan. This can save you significant money on your loan and your monthly payments. Or if youd prefer, you can surrender your car and we can work with you to get you a new one.
What happens to your car loan depends on how you draft your Chapter 13 plan. We discuss this more at length in our article what is a Chapter 13 plan?
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Which Debts Get Discharged In Bankruptcy
Debts that are part of a Chapter 7 discharge include unsecured debts, collection agency accounts, medical bills, utility bills, dishonored checks, certain tax penalties, attorney fees, judgments from lawsuits, and any lease contracts a consumer may have.
In 2020, the CARES Act provides temporary relief to Chapter 13 debtors who have a confirmed plan. A revised provision in the bankruptcy code allows those who have experienced financial hardship to extend their plan for up to seven years.
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Can A Chapter 13 Discharge Divorce Settlements
Yes! Unlike a Chapter 7 discharge, a Chapter 13 can discharge divorce settlements or divorce awards. The caveat here is that if the divorce settlement is for support or maintenance, the bankruptcy court may treat it like alimony and may find it non-dischargeable. It really depends on the nature of the settlement.
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Definition And Example Of A Bankruptcy Discharge
A discharged debt literally goes away. It’s no longer collectible. The creditor must write it off. Debts that are likely to be discharged in a bankruptcy proceeding include credit card debts, medical bills, some lawsuit judgments, personal loans, obligations under a lease or other contract, and other unsecured debts.
That might seem too good to be true, and there are indeed some drawbacks. Filing for bankruptcy and receiving a discharge will seriously impact your credit. You must establish to the court’s satisfaction that the discharge is financially necessary. You can’t simply ask the bankruptcy court to discharge your debts because you don’t want to pay them.
You must complete all of the requirements for your bankruptcy case to receive a discharge. The court can deny you a discharge if you dont take a required financial management course.
Can The Discharge Be Revoked
The court may revoke a discharge under certain circumstances. For example, a trustee, creditor, or the U.S. trustee may request that the court revoke the debtor’s discharge in a chapter 7 case based on allegations that the debtor: obtained the discharge fraudulently failed to disclose the fact that he or she acquired or became entitled to acquire property that would constitute property of the bankruptcy estate committed one of several acts of impropriety described in section 727 of the Bankruptcy Code or failed to explain any misstatements discovered in an audit of the case or fails to provide documents or information requested in an audit of the case. Typically, a request to revoke the debtor’s discharge must be filed within one year of the discharge or, in some cases, before the date that the case is closed. The court will decide whether such allegations are true and, if so, whether to revoke the discharge.
In chapter 11, 12, and 13 cases, if confirmation of a plan or the discharge is obtained through fraud, the court can revoke the order of confirmation or discharge.
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How Can I Use The Gazette And The Individual Insolvency Register If I Am A Creditor
The Gazette and the Individual Insolvency Register will tell you who is handling the affairs of a bankruptcy. This will either be the Official Receiver or an Independent Insolvency Practitioner .
You should contact the OR or the IP if you are a creditor in the bankruptcy estate. They will normally ask you to submit your claim in the bankruptcy. If you are owed more than £1,000 you will need to submit a formal proof of debt form.
After you have submitted your claim there is nothing more you need to do at this stage. The OR or the IP will contact all creditors if a dividend is to be declared.
