The purpose of filing bankruptcy is to eliminate or reduce burdensome debt. This is accomplished by completing your case, and having the court make an entry in your case that the case has been discharged. The bankruptcy discharge if the legal mechanism that declares the debts included in your case to no longer be due. When a debt has been discharged in bankruptcy, the lender can no longer seek repayment, and you are no longer financially responsible for that debt. One exception would be if you signed a reaffirmation agreement, agreeing to pay back a debt. If so, even entry of discharge will not absolve you from the responsibility of repayment of the debt you have reaffirmed.
Because discharge is so important in a bankruptcy case, it is equally as important to know when the discharge entry has been made. You will know when your debts are discharged like this:
● Your attorney will receive notice that the Court has entered the discharge.
● Once your attorney receives the notice of discharge, a copy will be sent to you, or you will receive a call or correspondence from your attorney’s office notifying you that your bankruptcy case has been discharged.
● The discharge entry has a docket number associated with its entry, and you can provide this information to any creditor who is still seeking repayment or information on when the discharge was made.
If by chance on of your lenders still tries to collect a debt that has been discharged, you can take action against that creditor for violating the discharge order. Offenders can be made to pay your fees and costs associated with making a claim that the discharge order has been violated, and they can also be made to reimburse you for any damages you suffered as a result of the violation. If you have received a discharge in bankruptcy and are being harassed by lenders, call us for help We know what steps to take to put a stop to this illegal action, and will help you keep your creditors in line and in compliance with the discharge order.
For more information about bankruptcy discharge, contact us at www.DsouzaLegalGroup.com. We will help by coming up with solutions that help get you back on your feet.
