South Dakota Sample Letter regarding Discharge of Debtor

State:
Multi-State
Control #:
US-0800LTR
Format:
Word; 
Rich Text
Instant download

Description

This form is a sample letter in Word format covering the subject matter of the title of the form.

How to fill out Sample Letter Regarding Discharge Of Debtor?

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FAQ

One of the first things you can do after your bankruptcy discharge is check your credit report. You should check it 60-90 days after discharge to give creditors time to update their reporting and show your discharge.

Discharge (of debts) refers to the process in bankruptcy court, when a debtor is no longer liable for their debts, and the lender is no longer allowed to make attempts to collect the debt. The court will issue a decision to discharge debts.

From filing to discharge (wiping out debts), Chapter 7 bankruptcy cases typically take 4-6 months. As far as personal bankruptcies go, Chapter 7 is the fastest. By comparison, Chapter 13 can take up to five years because a repayment plan is involved.

The Process of a Debt Discharge The bankruptcy court will look at your plan and decide whether it is fair and in ance with the law. You will also need to work with a trustee who will distribute these payments to the creditors. The trustee will pay creditors ing to priority.

The discharge is a permanent order prohibiting the creditors of the debtor from taking any form of collection action on discharged debts, including legal action and communications with the debtor, such as telephone calls, letters, and personal contacts.

After Plan Completion: After all payments have been completed, the Chapter 13 Trustee will file a Motion to Return any Excess Funds to Debtor and to Terminate any Payroll Deduction by Employer. If the Motion is granted, the Court will enter an order granting the motion and issue two notices.

The debts may also have a flag that makes it clear that they have been discharged as part of your bankruptcy. Look for debts listed as ?Discharged?, ?Included in Bankruptcy? and similar language that indicates that the debt existed, but is no longer active or owed.

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South Dakota Sample Letter regarding Discharge of Debtor