The debtor in a bankruptcy case receives a notice of a discharge by mail once the discharge is completed, according to the United States Courts. The timing of the discharge depends on the type of bankruptcy case. Individual chapter 7 bankruptcies are usually discharged four months after the petition is filed with the clerk. Individual chapter 11, 12 and 13 bankruptcy cases are usually discharged after debtor payments are completed.Continue Reading
Chapter 11, 12 and 13 cases take longer to be discharged because they are debt repayment plans, whereas a chapter 7 bankruptcy is a liquidation plan that usually requires no debts be repaid if the bankruptcy case is successfully discharged, notes the United States Courts. The United States Courts further notes that chapter 11 and 12 bankruptcies are debt restructuring plans for family farmers and fishermen, while chapter 13 bankruptcies restructure debt for individuals with regular sources of income.
Chapter 11, 12 and 13 bankruptcies take an average of four years to be discharged from the time the petition is filed with the court clerk. According to the United States Courts, a copy of the discharge is also sent to the debtor's creditors. The copy of the discharge does not specify which debts are discharged. It warns creditors that it is illegal to attempt to collect a discharged debt.Learn more about Debt Law
Filers may be able to file for bankruptcy without any fees by either foregoing a lawyer or obtaining free legal help and by receiving a court waiver for the filing fees, according to the United States Courts website. Filers can view a full list of bankruptcy fees on the U.S. Courts Bankruptcy Court Fees webpage.Full Answer >
Chapter 7 bankruptcy forms are available to print at the United States Courts website. Users have the option of either printing out blank forms to be completed by hand or completing the forms online to print out and file with the court. The forms required to file for Chapter 7 bankruptcy are often collectively referred to as a bankruptcy petition, according to the NOLO website.Full Answer >
An LVNV Funding lawsuit is a debt collection legal case filed by LVNV Funding, LLC against a debtor. In an LVNV Funding lawsuit, the burden of proof lies with LVNV Funding, LLC to show beyond a reasonable doubt that the accused owes the debt that the company is suing on, notes NahoumLaw.com.Full Answer >
If it is inconvenient for a debtor to receive a debt collection call on Sunday, and the debtor has specifically told collection agents not to call on Sundays, then debt collectors are not legally allowed to call. Under the Fair Debt Collection Practices Act, debt collectors who call on Sunday after being advised not to can be held in violation of the law.Full Answer >