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 When Does My Chapter 7 Bankruptcy Case End? | Nolo

If you would like further assistance in obtaining your discharge order or accessing PACER, reach out to an online service provider who can help guide you through the process.

The timing of the discharge varies, depending on the chapter under which the case is filed. In a chapter 7 (liquidation) case, for example, the court usually grants the discharge promptly on expiration of the time fixed for filing a complaint objecting to discharge and the time fixed for filing a motion to dismiss the case for substantial abuse (60 days following the first date set for the 341 meeting). Typically, this occurs about four months after the date the debtor files the petition with the clerk of the bankruptcy court. In individual chapter 11 cases, and in cases under chapter 12 (adjustment of debts of a family farmer or fisherman) and 13 (adjustment of debts of an individual with regular income), the court generally grants the discharge as soon as practicable after the debtor completes all payments under the plan. Since a chapter 12 or chapter 13 plan may provide for payments to be made over three to five years, the discharge typically occurs about four years after the date of filing. The court may deny an individual debtor's discharge in a chapter 7 or 13 case if the debtor fails to complete "an instructional course concerning financial management." The Bankruptcy Code provides limited exceptions to the "financial management" requirement if the U.S. trustee or bankruptcy administrator determines there are inadequate educational programs available, or if the debtor is disabled or incapacitated or on active military duty in a combat zone.

Discharge in Bankruptcy - Bankruptcy Basics

Even the judge issuing a final decree in the case won't necessarily spell the end. Sometimes it's necessary to reopen the case. Most often this happens when the trustee, one of the creditors, or the debtor becomes aware of an asset that should have been included when the case was active. Your duty to cooperate with the trustee will continue if the case is reopened, but the court will not have the power to revoke your discharge more than a year after the case was closed.

Several online services can assist you in finding your bankruptcy records for a fee. These are often expensive services. In addition, these services are often not good, or you may never have your document. Try to avoid such services.

Search PACER

If you are comfortable working with computers, you can set up a PACER account from the comfort of your home office, and download a bankruptcy discharge copy for a small fee (currently $0.08 per page).

Do you know if your case was electronically filed with the bankruptcy court? If you filed bankruptcy within the past few years, there is a good chance that it was, and for cases that are electronically filed, many of the documents in the case are stored online in the Court's PACER system.

Set up a PACER account to get your bankruptcy records from home

A debtor will want to maintain proof of their bankruptcy filing if a credit seeks to collect on an unsecured debt after the bankruptcy is completed.

A priority debt is a debt that generally survives bankruptcy. Common forms of priority debt include child support, certain forms of taxes, and other debts the US Bankruptcy Code provides for special treatment.

How It Works

The court may deny a chapter 7 discharge for any of the reasons described in section 727 violation of a court order or an earlier discharge in an earlier case commenced within certain time frames (discussed below) before the date the petition was filed. If the issue of the debtor's right to a discharge goes to trial, the objecting party has the burden of proving all the facts essential to the objection.

Credit reporting agencies maintain credit reports on individuals. Often when there are errors on a credit report. Credit reporting agency requirements often require a copy of the discharge to make necessary changes.

The court will deny a discharge in a later chapter 7 case if the debtor received a discharge under chapter 7 or chapter 11 in a case filed within eight years before the second petition is filed. The court will also deny a chapter 7 discharge if the debtor previously received a discharge in a chapter 12 or chapter 13 case filed within six years before the date of the filing of the second case unless (1) the debtor paid all "allowed unsecured" claims in the earlier case in full, or (2) the debtor made payments under the plan in the earlier case totaling at least 70 percent of the allowed unsecured claims and the debtor's plan was proposed in good faith and the payments represented the debtor's best effort. A debtor is ineligible for discharge under chapter 13 if he or she received a prior discharge in a chapter 7, 11, or 12 case filed four years before the current case or in a chapter 13 case filed two years before the current case.

Generally speaking, the exceptions to discharge apply automatically if the language prescribed by section 523(a) applies. The most common types of nondischargeable debts are certain types of tax claims, debts not set forth by the debtor on the lists and schedules the debtor must file with the court, debts for spousal or child support or alimony, debts for willful and malicious injuries to person or property, debts to governmental units for fines and penalties, debts for most government funded or guaranteed educational loans or benefit overpayments, debts for personal injury caused by the debtor's operation of a motor vehicle while intoxicated, debts owed to certain tax-advantaged retirement plans, and debts for certain condominium or cooperative housing fees.

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This page is an additional page sometimes attached to discharge papers and confirms that court has served this order to debtor, attorneys, all creditors listed in the bankruptcy case and related parties informing that debtor under bankruptcy is discharged.

If a creditor attempts collection efforts on a discharged debt, the debtor can file a motion with the court, reporting the action and asking that the case be reopened to address the matter. The bankruptcy court will often do so to ensure that the discharge is not violated. The discharge constitutes a permanent statutory injunction prohibiting creditors from taking any action, including the filing of a lawsuit, designed to collect a discharged debt. A creditor can be sanctioned by the court for violating the discharge injunction. The normal sanction for violating the discharge injunction is civil contempt, which is often punishable by a fine.