After your 341 meeting of creditors, you have to wait approximately 2 months before your case can go to a discharge. The two-month waiting period is a period where creditors have an opportunity to object to your discharge in particular or object to a particular debt. Provided that two-month period runs and there are no objections on file, the Clerk of the U.S. Bankruptcy Court will issue a discharge letter. The discharge letter will be sent to you, your creditors, your Verona bankruptcy attorney; anybody associated with the case will get a letter saying that your case has gone to discharge. This discharge letter is the proof that your case is over. Creditors are prohibited from contacting you on debts that have been discharged.
If a creditor does contact you a discharged debt that was part of your bankruptcy claim, you should immediately send them a copy of your discharge order. If the creditor persists in trying to collect on a case, you should definitely let your prior bankruptcy attorney know so that he can take specific action. Those actions may include bringing the creditor back into court on a motion for sanctions or just sending the creditor a detailed letter with a copy of your discharge enclosed. A creditor does not want to be trying to collect on a debt that has been discharged in a bankruptcy. Oftentimes, one creditor will obtain the right to collect on a particular debt from another creditor. This happens commonly, and the new creditor is not aware of the Chapter 7 bankruptcy attorney who filed your case. Once that new creditor is made aware of the bankruptcy filing, the collection efforts should cease.
If you pull your credit report after your bankruptcy case, you want to make sure that the items listed on your bankruptcy are not showing up as due and owing on your credit report. Oftentimes creditors will not update the credit bureaus with information concerning your bankruptcy. You have to take a proactive approach after your bankruptcy case is over to make sure that your credit report is looking the best it possibly can. If you see an item on your credit report that should not be there, you should do several things: first, you want to dispute that item with the credit bureau by sending them a copy of your discharge and making a formal complaint or dispute online. Two, you should send a copy of your discharge to that creditor, putting that creditor on notice that the information on the credit report is inaccurate, hoping that the creditor will change it voluntarily. Three, you want to stay up-to-date on your credit reports by pulling them every four months at http://www.annualcreditreport.com. The federal government allows you to pull all of your three credit bureaus once a year for free. What I recommend to my clients is that you pull on credit report every four months; that way you can see a current credit report throughout the entire year. That way you can keep track to see if anything negative is going on your credit report, and you can see if your credit is improving. This is some of the best after filing bankruptcy advice that I can give.