How To Confirm if a Debt Was Discharged in Bankruptcy
There is no need to confirm if a debt was discharged in a bankruptcy.All debts have been discharged if you received a discharge order from the judge.As soon as you receive your discharge order, your debts are usually discharged.If a creditor continues to contact you, then they are in violation of the bankruptcy code.If they continue, you should tell them to stop and talk to a lawyer.
Step 1: Find the discharge order.
The judge should sign a discharge order at the end of the case.You should have gotten a copy.Find your papers by going through them.
Step 2: If you don't have the order, you should get a copy.
You can get a copy of your discharge order if you didn't receive one.If you are not a debtor but a creditor, you can get a copy of the discharge order if you have an account.You can get a copy of the order on the website.
Step 3: You should get a copy of your schedules.
The discharge order does not list the debts that were discharged.The discharge order is a few paragraphs.If you don't have a copy of your schedule, you should get one if your debts are not able to be discharged.A debt secured with property, such as a home mortgage, is not discharged in bankruptcy.Credit cards or medical debt will be discharges.You can discharge those debts if they appear on your schedule.
Step 4: Pick out the debts you didn't list.
It's possible that you didn't put the debt on your schedule.Even if the debts are unlisted, the Chapter 7 discharge will still discharge them.If you have a no asset case, an unlisted debt can be discharged in a Chapter 7.The unlisted debt probably won't be discharged in a Chapter 13.If you forgot to add a debt, you should meet with an attorney.Depending on where you live, the law might be different.
Step 5: Tell the collector that the debt was discharged.
After you receive your discharge, your creditor might still call you.They might be upset that the original creditor sold the debt to a debt collector who wasn't aware of your bankruptcy.When someone calls to inquire about a debt, tell them it was discharged and give them your case number, which you can find on your discharge order.You should double check that it was discharged.You need to pay the secured loan if the creditor is calling about it.Make sure the creditor doesn't call about the loan you took out after you filed for bankruptcy.You don't have to worry about debts incurred before you filed.
Step 6: If you keep getting calls, you should write a letter.
Debt Collectors are not allowed to contact you about a discharged debt under the law.This is stated explicitly in the backside of your discharge order.To stop the debt collector from contacting you, you need to send them a letter.Your case number, the date you received your discharge order, and a demand that they stop the collection action your signature should be included in a business letter.
Step 7: Attach the letter to your email.
Make a copy of the letter after you finish it.Attach a copy of your discharge order.Since the back side tells debt collectors they can't contact you, you should copy both sides.Return receipt is requested after sending the letter certified mail.
Step 8: If the harassment isn't stopped, contact a lawyer.
For an answer, the debt collector might not refuse.You need to speak with a lawyer.The Fair Debt Collection Practices Act and state debt collection laws may have been violated by the debt collector.You can schedule a meeting with a lawyer.If you didn't use a lawyer to file for bankruptcy, you should get a referral from your state or local bar association.Discuss what kind of compensation you could get if you sued the debt collector.You can get attorney's fees if you win.It should be easier to get a lawyer.
Step 9: You should get a copy of your credit report.
You should wait three months after your discharge to request a copy of your credit report from the three major credit reporting agencies.Every year, you are entitled to a free report.If you want to order all three at once, you need to call the number above.You will get the reports in the mail.You can make a request at annualcreditreport.com.After you submit your request, the reports should be forwarded to you.The Annual Credit Report Request Form is available here.Mail the completed form to the service.Box 105281 is located in Atlanta, GA.
Step 10: Check to make sure debts are no longer outstanding.
All discharged debts should be listed with a balance of $0.Make a note of any debts that aren't listed correctly.Non-discharged debts should show up on the report.
Step 11: Any errors can be reported online.
You should ask the CRA to investigate if they have wrong information.You can make a request at the website.You can start a dispute online by visiting the dispute page at http://www.experian.com/disputes/main.html.There is a credit investigation page at theai.equifax.com.Click on "Get Started."You can dispute your credit at the credit reports dispute page.Click on it to file a credit dispute or check status.
Step 12: Follow up with a letter.
You should report with a letter even if you report online.Sending a letter clears up any confusion that may arise by giving you a hard copy of the communication.You can get a sample letter from the Federal Trade Commission.Attached are a copy of your schedule with the debt listed and your discharge order.Return receipt is requested if you mail the letter certified mail.The receipt is proof that the letter was received by the CRA.
Step 13: Wait for a reply.
30 days is how long the CRA typically has to respond.They will ask the creditor to investigate.If the creditor acknowledges the error, the CRA will fix it.You will get a written response at the end of the investigation.