D is for Discharge

D.  Choosing which topic for D was daunting. LOL, get it, D(aunting)?  I Digress.  I could have went with Debtor, Disposable Income, Domestic Support Obligations, Debtor Education Certificates among others.  But, what do people who file for bankruptcy really want?  Yes, a DISCHARGE.

A bankruptcy discharge comes approximately 90-120 days after a routine chapter 7 and upon completion of a chapter 13 repayment plan.   The automatic stay is what gives the case the bite, but the discharge is the rag that wipes all of the dischargeable debts away at the end of the case.  Most people are surprised that the discharge is just a single sheet of paper.  But, it is the permanent injunction preventing any further action by the creditors of a debtor.  They cannot take any action against the debtor -collection, calling, suing, nothing.  All scheduled creditors get notice of the discharge by mail from the court.  The discharge will also show up on a debtor’s credit report as well.
If a creditor does take action, you can just send them a copy of the discharge notice and that should do the trick. If it doesn’t, have your lawyer bring a discharge violation action against that creditor, and the court could grant punitive damages for each violation.

About Author

Terrance Leeders

Chicago Bankruptcy Attorney, husband, father, Cubs fan.

Related Posts

Leave a Reply

Your email address will not be published.