When will I receive my discharge papers?

Discharge of debts is the hallmark of bankruptcy. People come to bankruptcy attorneys for help getting their financial lives back in order. What are the main obstacles to a discharge? In a normal chapter 7 case, the debtor is granted a discharge approximately 60 days after the meeting of creditors unless:

1. An adversary proceeding has been filed by a creditor or trustee objecting to the debtor’s discharge;

2. The debtor has not timely filed evidence of completion of a course in personal financial management;

3. The debtor has not paid the filing fee in full

4. A motion to dismiss under section 707 of the Bankruptcy Code is pending

5. The Bankruptcy Court is reviewing a filed reaffirmation agreement for undue hardship (the Court does not believe the debtor has the funds available to pay on a secured debt, like a car loan, that they wish to keep after bankruptcy)

A few other procedural events that would prevent or delay the granting of a discharge are listed in Bankruptcy Rule 4004(c), but usually these issues do not come up in consumer cases. Once granted, a copy of the discharge papers will be sent to all parties to the case. If you are considering filing for bankruptcy make sure you consult with a knowledgeable bankruptcy attorney who will help you protect your rights under the Bankruptcy Code.

SEE ALSO: How Often Can I Receive a Bankruptcy Discharge?

John O’Connor