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Sample Letter regarding Discharge of Debtor and Order Approving...

Santa Clara California Sample Letter regarding Discharge of Debtor and Order Approving Trustee's Report of No Distribution and Closing Estate

Name: Santa Clara California Sample Letter regarding Discharge of Debtor and Order Approving Trustee's Report of No Distribution and Closing Estate
Brand: US Legal Forms
Rating: 4.74 (490 reviews)

Category:

Letters - Legal - Bankruptcy

State:

Multi-State

County:

Santa Clara

Control #:

US-0191LTR

Format:

Instant download

Description

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

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How to fill out Santa Clara California Sample Letter Regarding Discharge Of Debtor And Order Approving Trustee's Report Of No Distribution And Closing Estate?

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Can a debt collector try to collect on a debt that was discharged in bankruptcy? Debt collectors cannot try to collect on debts that were discharged in bankruptcy. Also, if you file for bankruptcy, debt collectors are not allowed to continue collection activities while the bankruptcy case is pending in court.

The California petition for final distribution gives the court a detailed history of the probate case. More specifically, it explains why the estate is ready to close and outlines the distributions to beneficiaries.

The Trustee's Report of No Distribution, or NDR, lets the court and all interested parties know that no money will be paid to creditors. If a NDR is filed, the court will close the bankruptcy case shortly after the discharge has been entered. Unfortunately, you can only find the NDR by reviewing your case docket.

Paying Debts and Taxes Illinois, for example, requires executors to allow six months. California requires a bit less, with four months.

If a bankruptcy case is closed without a discharge because an individual debtor did not timely file a Certificate of Completion of Instructional Course Concerning Personal Financial Management, a debtor must file a Motion to Reopen the Case. Closing does not necessarily mean that all adversary proceedings are finished.

Since every estate is different, the time it takes to settle the estate may also differ. Most times, an executor would take 8 to 12 months. But depending on the size and complexity of the estate, it may take up to 2 years or more to settle the estate.

Following a bankruptcy discharge, debt collectors and lenders can no longer attempt to collect the discharged debts. That means no more calls from collectors and no more letters in the mail, as you are no longer personally liable for the debt. A bankruptcy discharge doesn't necessarily apply to all of the debt you owe.

Receiving your discharge. Assuming that everything goes according to schedule, you can expect to receive your bankruptcy discharge (the court order that wipes out your debts) about 60 days after your 341 meeting of creditors hearing, plus a few days for mailing.

Most Estates are open about a year since the various tasks of paying taxes, selling property, locating heirs, etc, often take that long. At the very least, one can expect six to nine months of time before the Estate can close and if there is litigation outstanding, the Estate can stay open for years.

For most filers, a Chapter 7 case will end when you receive your dischargethe order that forgives qualified debtabout four to six months after filing the bankruptcy paperwork. Although most cases close after that, your case might remain open longer if you have property that you can't protect (nonexempt assets).

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Santa Clara California Sample Letter regarding Discharge of Debtor and Order Approving Trustee's Report of No Distribution and Closing Estate

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How to fill out Santa Clara California Sample Letter Regarding Discharge Of Debtor And Order Approving Trustee's Report Of No Distribution And Closing Estate?

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