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.Know More
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
Individuals can place a lien on debtor's property by filing a lawsuit in court to prove the money is owed to them, says the Houston Chronicle. From there, a judgment is awarded and filed accordingly. The judgment is notice that the debtor's property is subject to a lien.Full Answer >
Debt collectors must follow the Fair Debt Collection Practices Act, the Fair Credit Reporting Act and other federal and state laws, according to the Consumer Financial Protection Bureau. The Fair Debt Collection Practices Act ensures that debt collectors do not coerce debtors with unfair or deceptive collection methods.Full Answer >
The American Debt Foundation cannot get consumers out of debt because the company is already out of business as of 2015, according to the Better Business Bureau. The company was not BBB accredited, and it received a BBB rating of F, which is the lowest rating on the scale.Full Answer >
The lower a bankruptcy risk score, the better. According to Bankrate, bankruptcy risk scores range from negative numbers to 2,000. While these scores are hidden from consumers, businesses use them to decide whether to extend credit to a customer.Full Answer >