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
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 >
Pennsylvania law allows lenders to repossess property in which they have a security interest if the debtor falls behind in payments, according to the Pennsylvania Legal Aid Network. For lenders to take this action, there must be a written security agreement and it must be possible to peacefully repossess the property.Full Answer >
The results of moving out of the United States and leaving debt behind vary from lawsuits filed on behalf of the debt holder to poor credit for the debtor. Depending on the length of time out of the country, there may be no result.Full Answer >
Defendants served with a debt collection lawsuit should respond by obtaining a consumer lawyer if the debt specified in the case is significant, according to the Law Offices of Robert J. Nahoum. The individual being sued should also compile a short statement addressing each allegation in the complaint.Full Answer >