How Can I Determine the Date of My Bankruptcy Discharge?

By Mary Jane Freeman

When you apply for credit after completing bankruptcy, such as a home mortgage or car loan, new lenders may want to confirm that your discharge has taken place. To provide proof of your discharge date, you'll need to obtain a copy of your discharge order.

When you apply for credit after completing bankruptcy, such as a home mortgage or car loan, new lenders may want to confirm that your discharge has taken place. To provide proof of your discharge date, you'll need to obtain a copy of your discharge order.

Ways to Get the Order

Get a copy of the discharge order to determine your bankruptcy discharge date. You can request a copy from the bankruptcy court that handled your case, typically for a fee. If an attorney assisted you with the bankruptcy, he can provide you with a copy. Bankruptcy records also are available in the online database Public Access to Court Electronic Records, abbreviated as PACER.

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How to Find Out if a Bankruptcy Filing Has Been Dismissed in Alabama

References

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Bankruptcy Filing Vs. Discharge Date

The bankruptcy filing date is the date when you file the petition for bankruptcy with the court. By contrast, the discharge date occurs toward the end of the process. How long it takes to get from the filing date to the discharge date depends on which type of bankruptcy you file. Chapter 7 is debt elimination and may take only a few months. Chapter 13 involves a debt repayment plan and it may take years until your remaining debt is discharged.

How Will I Be Notified That My Chapter 7 Bankruptcy Case Is Closed?

The closing of a Chapter 7 bankruptcy case signifies the end of the bankruptcy. At the end of the case, you will receive a bankruptcy discharge which means all of the debts included in your bankruptcy case are no longer legally enforceable. However, your case can also be closed through a dismissal, which does not result in a discharge. The closing of the case is administrative in nature, and you will be notified your case is closed by mail.

Can You Go to Jail if You Get Denied a Bankruptcy Discharge?

A bankruptcy court's discharge releases you from the debts included in it. Federal and state laws don't allow you to include some debts, such as federal taxes, on your discharge. While bankruptcy usually doesn't involve jail time, you may face a criminal sentence if your discharge is denied for an illegal action you took in relation to your case.

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