The discharge is sent by the Clerk of the U.S. Bankruptcy Court to the debtor, to the debtor’s Roselle bankruptcy attorney, and to all creditors in the case. The discharge is the final document that’s going to be sent, and it proves that the case has gone to completion and no creditors can contact or try to collect on a discharged debt. I always advise my clients to keep the discharge order in a safe place for future reference. Many times after an individual bankruptcy case is completed, a creditor will come out of the woodwork and try to collect on a debt that was discharged. This is sometimes an innocent violation of the discharge injunction whereby the creditor just did not become aware of the bankruptcy. In many cases, creditors transfer the right to collect to another creditor during the course of the process, and the may not have received the bankruptcy notice. If you photocopy your discharge order and send it to that creditor, they will stop all collection efforts. If they do not stop collection efforts after you send them the discharge order, then you should contact your Illinois bankruptcy attorney, and your attorney will be able to send them notice with a little bit more strength.
The entire process on Chapter 7 should take anywhere from 100 to 120 days from start to finish. It all starts with the filing of the case, followed by the 341 meeting of creditors, followed by the 2-month waiting period for creditors to file objections to your discharge, and then a final discharge should there be no objections. Most Chapter 7 cases go off without any problem, and they complete without any problem.
If you are someone who is seeking to file Chapter 7 bankruptcy, I strongly recommend that you meet with several bankruptcy attorneys before you make a decision on which attorney to hire. I do not suggest that you hire the cheapest attorney out there. There are many attorneys who are not very experienced in bankruptcy that have come over from other areas of the law because they now feel that bankruptcy is a lucrative practice area. Some of these attorneys are not versed in bankruptcy at all and are trying to get in under the market rate by charging a very low fee. Do not hire a bankruptcy attorney simply because he has low fees. I recommend that you meet with the attorney and you ask significant questions so that you can get answers and get a feel for whether or not that bankruptcy lawyer is knowledgeable in that area of the law.