Discharge Usually Comes Three Months After the Case Has Been Filed
In a typical case, debtors receive their chapter 7 bankruptcy discharge papers approximately three to four months after filing. The court usually grants the discharge when the time period for filing a complaint objecting to discharge closes, which is two months after the date of the 341 meeting. In the vast majority of chapter 7 cases, no objection to discharge is filed and the case closes soon after the discharge is issued. In fact, the debtor is presumptively entitled to a discharge of debts under the Bankruptcy Code. As long as the case proceeds smoothly, the discharge will take care of itself and the debtor will receive their fresh start.
Bankruptcy Discharge Papers are Sent Via Mail
The actual discharge papers are mailed by the clerk of the court to all interested parties in the bankruptcy case. Creditors, U.S. Trustee, the case trustee, attorneys and the debtor all receive a copy of the discharge order in the mail. The discharge papers are not specific as to what debts have been eliminated, but the notice serves as a warning to creditors that their claims have been extinguished and collection activity cannot take place in the future. Creditors are barred from pursuing discharged debts for any reason.
The Bankruptcy Discharge is an Order of the Court
Bankruptcy discharge papers are an order of the court. This means that the discharge carries the authority of the court and any violations of its terms are subject to punishment. If you receive collection calls for a debt that was included in your bankruptcy, after receiving your discharge, contact your attorney right away.
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