Determining the Date a Bankruptcy Discharge Took Effect

In the world of bankruptcy, there are many different dates to keep track of. For many debtors, one of the most important is the date the bankruptcy was actually filed. The filing date puts into effect some powerful protections, including the automatic stay, which prevents creditors from harassing you in an attempt to collect on a debt they are owed. The automatic stay can also halt eviction, foreclosure, and utility shutoff.

Other dates include the 341 creditor meeting date, the date by which motions must be filed, and of course, the discharge date. The bankruptcy discharge date is the day on which all of your qualifying debts are officially wiped away. After that, creditors cannot attempt to collect on those debts that were the subject of the bankruptcy discharge. If you recently went through a bankruptcy, and you need to know the date of your bankruptcy discharge, there are a few different things you can do. But first, let’s break down what’s involved in a bankruptcy discharge.

Steps That Lead Up To Bankruptcy Discharge

As mentioned, there are several steps and dates that need to come before debts are discharged in a bankruptcy filing. The exact steps may depend on the type of bankruptcy you’re filing, but the general outline is similar. 

Chapter 7 Bankruptcy

First, you’ll work with your Ohio bankruptcy lawyer to file your chapter 7 bankruptcy petition with the court. The meeting of creditors, also known as the 341 meeting, is scheduled within a month or two of filing. There you and your bankruptcy attorney will discuss the particulars of your case with the trustee and your creditors. After this meeting, creditors with objections to your bankruptcy discharge have roughly 60 days to present their case to the court. At this time assets will also be sold, if the trustee determines this to be necessary. If there are no objections by creditors, or if they are resolved, the court will then issue your debt discharge order. This typically comes another 2 to 3 months after the creditor meeting. Once that’s issued, the case is closed. All in all, when you add up the timeline, you could expect to have your chapter 7 bankruptcy case wrapped up and your debt discharged within just a few months after filing. Four to six months is a common estimate.

Chapter 13 Bankruptcy

The timeline for discharge from debts in a chapter 13 bankruptcy is longer, due to the different nature of the bankruptcy itself. In a chapter 13 case, the filing and initial stage of the process, which includes the 341 meeting of creditors, can take a few weeks to a few months to complete. Once you’ve worked with your bankruptcy attorney and trustee to develop a repayment plan, it needs to then be reviewed, approved, and confirmed by the court. Your repayment plan can last anywhere from three to five years’ time, after which the discharge process begins. The trustee will notify the court of their intent to discharge your debt, the court then enters the order, and the case will be closed. This debt discharge process in a chapter 13 bankruptcy can take roughly six to eight weeks to complete. So the total time that passes could be more than five years, depending on your specific repayment plan.

Regardless of which type of bankruptcy you are filing, factors like the complexity of the case, whether objections are raised, if you opt to reaffirm a debt, and how promptly you handle each required step can affect the total timeline of events before debt discharge. If assets are being sold to pay for debts in a chapter 7 bankruptcy case, this has to be done before debts can be discharged, so any delay here can hold up the process. One key thing to remember is that the mandatory credit counseling courses prior to filing bankruptcy and the debt management course after filing must be completed before the court will officially discharge your debt. Failure to complete these required courses can result in a delay. And as is nearly always true, there are some debts that simply cannot be discharged through bankruptcy.

Now that you have an idea of what’s involved in a bankruptcy debt discharge, what can you do to find out when this date is in your case?

Check Your Mailbox

One of the most reliable (and simple) ways to figure out when your bankruptcy discharge takes effect is to keep an eye out for official mail from the bankruptcy court. The bankruptcy clerk will send out a mailed notice telling you when the discharge is effective. This form is a copy of the official court document, and it will list your case number and include the judge’s signature. The date on the form is your official date of bankruptcy discharge.

Of course, this happens only with new notices, so if your bankruptcy was discharged some time ago, you likely won’t be getting any mail about it. That said, there are still ways to find your date of discharge, even if it wasn’t recent.

Call the Bankruptcy Court

The clerk of the court is very helpful, and can provide you with all kinds of information about your case. If you need to, you can call the courthouse and ask to speak with the clerk of the court. They will be able to tell you when your bankruptcy discharge took effect. 

This may not be the fastest way to check, depending on the age of your case. If your file has already been stored in the court archives, you may have to pay a retrieval fee and wait a few days for the paperwork to be located. If you do not need a physical copy of your discharge, the clerk might be able to just tell you over the phone the date of your bankruptcy discharge.

Use Online Resources

The bankruptcy court system uses online data storage and retrieval in the form of the Public Access to Court Electronic Records (PACER) system. Once you create an account and log in to PACER, you may be able to access all the information you need without leaving the comfort of your home. There is a small fee to retrieve documents from PACER, but it could be worth it if you really need physical evidence of your date of discharge from bankruptcy debt. The cost to access a single document is capped at $3.00, and if your expenses total less than $15 every three months, they will be waived, so PACER could be an ideal, convenient, and affordable solution.

Contact Your Bankruptcy Attorney

If you worked with an Ohio bankruptcy lawyer, like the team at Hausen Law, then they should have also received a copy of your official discharge paperwork, and so should be able to tell you when your bankruptcy discharge took effect. If your bankruptcy filing was not recent, there’s still a possibility that your bankruptcy attorney may have a record of your paperwork. If not, they can always help you to get the information you need. 

Your Bankruptcy After Debt Discharge

Once your bankruptcy has been officially discharged by the court, you should no longer be contacted by previous creditors who are looking for repayment. However, if you should get a call about your former debt, it is possible that the individual or agency calling you is not aware of your bankruptcy. It is technically illegal for former creditors to contact you after your bankruptcy, so having your copy of the discharge paperwork in your personal files is a good idea, as you can easily provide them with your bankruptcy case number, the type of bankruptcy case (7 or 13), the date of the discharge, and the specific bankruptcy court where you filed. This should be sufficient information for them to realize that they were in error and should stop bothering you. If not, you can always contact your bankruptcy attorney for assistance.

Another thing to consider post-bankruptcy is that you may need help to recover your financial footing and repair your personal credit rating. The 720 credit repair program from Hausen Law is a great way to learn how you can rebuild your credit and quickly get back on track.

Bankruptcy Questions Answered By An Experienced Ohio Bankruptcy Lawyer

At Hausen Law, you can work with an experienced chapter 7 bankruptcy lawyer who is here for you every step of the way. Reach out to speak with an expert–our Northeast Ohio Bankruptcy Attorneys are ready to weigh in. 

Hausen Law is happy to serve all of Northeast Ohio, including the Akron, Canton, Cleveland, Columbus, Dayton, Cincinnati and Youngstown communities. Contact us today to set up a free consultation or to inquire about our credit counseling and credit repair programs. We can help you to successfully navigate through bankruptcy and beyond.