Skip to main content

What happens after i receive my discharge of debtor in a chapter 7 ?

Los Banos, CA |

i have received my discharge of debtor. i don't really understand the whole here. what of the exemptions we claimed? did we get to keep them? why am i still getting bills from a creditor that acknowledged had received the notice to creditor? what happened with our equity loan? Was it discharged? i emailed the firm's manager ( it's almost impossible to talk to him on the phone & totally impossible to talk to the atty) & he was so rude, as usual. His reply to me was, " i sent you your discharge papers. what else do you want from me to close this matter out?" i advised him i didn't want to talk to him because he is so rude & unprofessional. He referred me to an atty ; which is the atty that i started with. yes, i have gone thru a few cause they leave they firm. what can i do?

Attorney Answers 6

Posted

Generally, nothing happens ... you enjoy your fresh start and move on with your life. Since you've received no other correspondence from the court, your exemptions were approved and your case is closed. If a creditor is still sending bills, send them a copy of your discharge instead of a check. You have been personally discharged of the obligation to pay the HELOC; but they still have a lien on your house ... so you should probably keep up the payments unless their lien is totally unsecured.

Mark as helpful

5 lawyers agree

Posted

You probably don't have to do anything if you obtained a discharge. No creditor objected to your exemptions. Your HELOC lien survived the BK so you will have to keep making those payments. If one of your discharged creditors continues to send you bills, they are in violation of the discharge injunction and can be sanctioned by the court if it is brought to their attention in the proper way.

Mark as helpful

5 lawyers agree

Posted

Nothing else has to be done, you can get a copy of your paperwork from the court, there you will see what was claimed on the exemptions. You should send a copy of your discharge to whomever is still contacting you. If there is no equity in your home and you are upside down you could do a chapter 13 to eliminate the 2nd on your loan. You should contact a bankruptcy attorney and maybe they can give u a copy of your petition for a small fee. My office usually does. Good luck

Mark as helpful

2 lawyers agree

Posted

It is difficult to see where you are coming from - were you the debtor in the bankruptcy? If so, your form B9A notice listing the date and time of your 341 meeting contained most of the information you are worried about. Under the section marked "Deadlines" it should indicate that the Trustee had 30 days to object to your claim of exemptions after concluding the 341 meeting, and that the creditors had until a certain deadline to object to your bankruptcy as well. Since this didn't happen, you just need to make sure you keep the bankruptcy court advised of your address for the next year while you wait to receive the final paperwork closing your case from the court. Hope this perspective helps!

Mark as helpful

2 lawyers agree

Posted

There are certain dates and deadlines that the Trustee and other creditors have to object to your bankruptcy case. Assuming these parties did not object and that you have received a discharge, there is probably nothing left for you to do. As my colleagues have stated, if you are still receiving collection letters from creditors regarding debts that were incurred prior to filing the bankruptcy, all you have to do is send the discharge notice to those creditors.

Mark as helpful

Posted

Your personal liability for the HELOC has been discharged, but the lien remains.

If you are receiving bills from a creditor whose debt was discharged in bankruptcy, your attorney should notify them that they are violating the permanent injunction that goes into place when your discharge is entered. They cannot collect - or even attempt to collect - a debt that has been discharged in bankruptcy. If your attorney is not willing to do that, send them a letter yourself and enclose a copy of your discharge.

Mark as helpful

1 lawyer agrees

Bankruptcy and debt topics

Top tips from attorneys

What others are asking

Can't find what you're looking for?

Post a free question on our public forum.

Ask a Question

- or -

Search for lawyers by reviews and ratings.

Find a Lawyer

Browse all legal topics