How Long to Receive a Notice of Discharge in The Bankruptcy Process

The bankruptcy process can seem overwhelming. Many debtors just want to get through to the discharge in the least amount of time possible. If you are facing bankruptcy, contact an experienced bankruptcy attorney at the outset to find out the best way to handle your case.

Discharge in Bankruptcy

Discharge through bankruptcy means the removal of some or all of your debt. This is the final step in a bankruptcy. It happens at the end, when the bankruptcy is granted and finalized.

Discharge relieves you of liability to the creditor for the debt discharged. Prior to discharge, you are liable for the debt, and if you cannot pay, creditors can take action against you through the legal process. The legal processes utilized are usually debt collections and litigation. If a house or other property is involved, foreclosure or property seizure can be part of the creditor's remedy. Once the debt is discharged though, the creditor no longer has these remedies. In fact, when you file for bankruptcy a stay is put on your accounts, meaning creditors cannot proceed with legal action against you until your bankruptcy is final.

When you will receive your bankruptcy discharge is dependent on the type of bankruptcy you file. Generally, you will receive discharge within four to six weeks after expiration of the sixty day period. If you file for Chapter 13, a debt restructuring plan will be provided and discharge is not complete until you pay the last payment of your plan. That can be three to five years from the commencement of your plan. In a Chapter 7 bankruptcy, the effect is more immediate, since this type of bankruptcy erases unsecured debts that are included in the proceedings.

The bankruptcy process can take a few months, depending on the facts of your case. An attorney can expedite the bankruptcy process because attorneys who practice bankruptcy law have a streamlined process for dealing with cases.

Getting Legal Help

If you are wondering when you might receive a notice of discharge in your bankruptcy proceeding, contact a divorce attorney today. An attorney can assist you with your bankruptcy questions. Bankruptcy can be a mysterious and scary process if you do not understand it, but an attorney can simplify it and tell you exactly what to do to make it through and start an new future.

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