How long does it take to get bankruptcy discharge papers?

How long does it take to get bankruptcy discharge papers?

Receiving your discharge. Assuming that everything goes according to schedule, you can expect to receive your bankruptcy discharge (the court order that wipes out your debts) about 60 days after your 341 meeting of creditors hearing, plus a few days for mailing.

When is a discharge entered in a bankruptcy?

The U.S. Trustee filed a motion to dismiss the bankruptcy case under Bankruptcy Code Section 707 (b), and the motion is still pending. B) In Chapter 11 cases, if the debtor is an individual, a discharge may be entered once the debtor has completed making payments under the Chapter 11 plan.

Can a corporation be discharged in Chapter 7 bankruptcy?

Only individuals may receive a discharge in chapter 7 bankruptcy, so a corporation or partnership may only obtain a discharge in Chapter 11 bankruptcy proceedings; such discharges of business entities are subject to the limitations described in 11 U.S.C. § 1141 (d) (3).

Can a discharge be revoked in a chapter 13 bankruptcy?

A debtor is ineligible for discharge under chapter 13 if he or she received a prior discharge in a chapter 7, 11, or 12 case filed four years before the current case or in a chapter 13 case filed two years before the current case. Can the discharge be revoked? The court may revoke a discharge under certain circumstances.

Can a debtor object to a discharge in Chapter 7?

In chapter 7 cases, the debtor does not have an absolute right to a discharge. An objection to the debtor’s discharge may be filed by a creditor, by the trustee in the case, or by the U.S. trustee.

What happens if you violate a bankruptcy discharge order?

In response, the debtor initiated legal action against the company and the shareholders on the basis that they had violated the bankruptcy discharge order. Asked to consider whether the violation justified civil contempt sanctions, the bankruptcy court applied a strict liability standard.

Can a bankruptcy court order contempt of court?

Under the standard that the bankruptcy court applied, civil contempt sanctions are justified where a creditor is aware of the discharge and intended to violate the discharge injunction. The court found that because the shareholders were aware of the discharge and intended to file a petition, they were in civil contempt.

Can a bankruptcy discharge be filed before trial?

Before trial, the debtor sought Chapter 7 bankruptcy relief and obtained a bankruptcy discharge of all debts arising before the petition. Later, when a judgment was issued against the debtor, shareholders filed a petition seeking attorney’s fees after the debtor had filed for bankruptcy.

How does a discharge injunction work in bankruptcy?

Under section 524 (a) (2) of the Bankruptcy Code, a discharge injunction permanently enjoins creditors from trying to collect discharged debts and prohibits a creditor from collecting any debt where the debtor has been discharged of personal liability. A bankruptcy discharge does not completely extinguish the prepetition debt.

In response, the debtor initiated legal action against the company and the shareholders on the basis that they had violated the bankruptcy discharge order. Asked to consider whether the violation justified civil contempt sanctions, the bankruptcy court applied a strict liability standard.

Under the standard that the bankruptcy court applied, civil contempt sanctions are justified where a creditor is aware of the discharge and intended to violate the discharge injunction. The court found that because the shareholders were aware of the discharge and intended to file a petition, they were in civil contempt.

Before trial, the debtor sought Chapter 7 bankruptcy relief and obtained a bankruptcy discharge of all debts arising before the petition. Later, when a judgment was issued against the debtor, shareholders filed a petition seeking attorney’s fees after the debtor had filed for bankruptcy.

Under section 524 (a) (2) of the Bankruptcy Code, a discharge injunction permanently enjoins creditors from trying to collect discharged debts and prohibits a creditor from collecting any debt where the debtor has been discharged of personal liability. A bankruptcy discharge does not completely extinguish the prepetition debt.

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