If you have to obtain a bankruptcy discharge after declaring either Chapter 7 or Chapter 13 bankruptcy, you are likely anxious to begin the process but are uncertain about how to proceed. While there are numerous areas in which questions arise, one of the most common types of questions that people who have to obtain bankruptcy discharge ask are about creditor harassment and credit reports. This article will provide some of the most commonly asked questions regarding these subjects. As always, while navigating the bankruptcy process, it can help significantly to rely on the assistance of a seasoned attorney who has helped others navigate the process.
Question # 1: What if a Creditor Tries to Collect on a Discharged Debt?
If a creditor contacts you after your debt has been discharged through bankruptcy, the best way to respond is to notify the creditor that the debt has been discharged. If the creditor contacts to you despite knowing the discharge has occurred, this is viewed as a serious violation of the Bankruptcy Code and likely violates the Fair Debt Collection Practices Act. As a result, a creditor can end up paying significant fines.
Question # 2: What if You Forgot to List a Debt in Bankruptcy?
If you made a mistake and failed to list an unsecured debt, often times this means that the debt will still be discharged. If you fail to mention a secured debt, however, it will likely not be discharged. If you have any questions about a debt’s current status, the best way to respond is to speak to your attorney.
Question # 3: When Should You Check Your Credit Report?
Examine your credit report approximately three months after you receive a bankruptcy discharge. You should wait because it almost always takes credit reporting agencies some time to update your report.
Question # 4: When Does Bankruptcy Drop From Your Credit Report?
This depends on what type of bankruptcy for which you filed. A person can often expect a Chapter 7 bankruptcy to show on their credit report for the 10 years following the date on which they filed for bankruptcy. A Chapter 13 bankruptcy, however, will disappear from a person’s credit report approximately after seven years from the date on which the individual files for bankruptcy.
Question # 5: How Should Discharged Debts be Listed?
Every debt that is charged in bankruptcy will almost certainly be listed as “discharged in bankruptcy” with a listed balance of $0, provided that the debt was not reaffirmed. If a debt is not listed as discharged in bankruptcy, a person can take efforts to have this
listing corrected by a sending a copy of the discharge to the credit-reporting agency.
Question # 6: What if You are Still Paying for a Discharged Debt?
In some cases, debtors continue to make loan payments after the bankruptcy process is concluded without reaffirming the debt. If a debt was not reaffirmed during bankruptcy, however, it should be listed as discharged even if a person keeps the property and continues to make loan payments.
Speak with an Experienced Bankruptcy Lawyer
If you have questions about the bankruptcy process, do not hesitate to speak with a knowledgeable attorney like Jim A Lyon. Contact our law firm today to schedule an initial free consultation.