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WHAT DO I DO IF CREDITORS AREN'T RESPECTING MY DISCHARGE?

Oliva Law June 11, 2021

According to a report on bankruptcy filing trends from American Bankruptcy Institute, there were 26,723 business and non­‐business bankruptcy filings in Texas in 2020. Filing for Chapter 7 or Chapter 13 bankruptcy can help you get financial relief when overwhelmed with debt, with all qualifying debts being discharged. Once your debts are discharged by the court, it means you will not have to repay them, and the lender can't make any attempt to collect such debts. Unfortunately, some creditors may fail to honor your debt discharge.

If you have filed for bankruptcy but a creditor isn't respecting your debt discharge, consulting with an experienced Texas bankruptcy attorney is important for detailed guidance. At Oliva Law Bankruptcy, we are dedicated to offering knowledgeable legal guidance and advocacy to clients in bankruptcy-related matters. Wel fight diligently to protect your legal rights, handle any ongoing creditor harassment, limit further communication with the creditor, and take appropriate legal action. Our firm proudly serves consumers across McAllen, Corpus Christi, Brownsville, and throughout the Rio Grande Valley of Texas.

Understanding Debt Discharge

Debt discharge is the cancellation of a person's debt due to bankruptcy. At the end of your bankruptcy case, the court will discharge all qualifying debts (or “dischargeable” debts), including personal loans, credit card balances, past-due utility bills, and medical debts. Once a debt has been discharged, you're no longer required to pay it. Likewise, the lender or creditor is no longer allowed to make any attempt to recover the debt.

When Does Debt Discharge Occur?

Furthermore, only "pre-petition” debts are eligible for discharge. These are debts that existed before you filed for bankruptcy. The debt discharge will occur when a debtor qualifies through bankruptcy court.

  • In Chapter 7, your debts are usually discharged about four months after filing your bankruptcy petition.

  • In Chapter 13, your remaining debts are discharged at the end of your repayment plan, usually within three to five years.

How Do Creditors Receive Notice Of Discharge?

Under the Federal Rules of Bankruptcy Procedure, the clerk of the bankruptcy court must send a copy of the final order of discharge to all creditors, the trustee in the case, the U.S. trustee, the trustee's attorney, the debtor, and the debtor's attorney.

Creditor Objections to Discharge

After your initial hearing, interested parties, including creditors or the trustee, can still object to your bankruptcy discharge. The creditor may file an objection