[Your Name] [Your Address] [City, State, ZIP] [Email Address] [Phone Number] [Date] [Recipient's Name] [Recipient's Address] [City, State, ZIP] Subject: Notice of Discharge of Debtor Dear [Recipient's Name], I hope this letter finds you in good health. I am writing to inform you that I have recently obtained a discharge of my debts through bankruptcy proceedings in the state of Mecklenburg, North Carolina. As per the legal requirements and obligations, I am providing you with this formal notice of my discharge. After facing significant financial hardships, I was compelled to file for bankruptcy under Chapter 7 of the United States Bankruptcy Code. The bankruptcy court carefully reviewed my case and determined that a discharge was appropriate. As a result, the court granted me a full discharge of all eligible debts. This discharge, which became effective [date of discharge], relieves me of any legal liability for all the debts included in the bankruptcy filing. It is essential to note that this discharge extends to all creditors, including individuals or entities I owed money to. As a creditor, I understand that you may have specific concerns or require additional information regarding your claim. Therefore, I urge you to review the documents attached to this letter, which include the Notice of Bankruptcy Case Filing, Notice of Meeting of Creditors, and Notice of Discharge. These documents offer a comprehensive overview of the bankruptcy proceedings and will aid in addressing any inquiries you may have. It is imperative to refrain from any further attempts to collect on the discharged debts. Pursuant to the bankruptcy laws and regulations, any action taken to pursue collection or enforce payment on the discharged debts would be in violation of the discharge injunction and could result in legal consequences. I kindly request that you update your records to reflect the discharge of my debts. It is crucial that you update your internal system with the appropriate codes to signify that these debts have been legally discharged and are no longer collectible. Should you require any further documentation or clarification regarding this matter, please do not hesitate to contact me at [your provided contact information]. I am more than willing to assist you and provide any necessary information to ensure compliance with the bankruptcy proceedings. Thank you for your prompt attention to this matter. You're understanding and cooperation in this process are greatly appreciated. I look forward to a timely resolution and the successful conclusion of this bankruptcy case. Sincerely, [Your Full Name]
Mecklenburg North Carolina Sample Letter regarding Discharge of Debtor
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FAQ
Plural orders of discharge an order by a court of law saying that a person or company that is bankrupt is no longer responsible for paying back its debts: If you've been declared bankrupt and want to show that you have agreed to regular payments, you should fill out an order of discharge.
To provide an opportunity for unknown creditors to file a claim, a notice to creditors must be published once weekly for four consecutive weeks. The executor must place notice to creditors in a newspaper published within the county where the estate is being administered.
So, after a bankruptcy discharge, the debtor is no longer legally required to pay any debts that are discharged. The discharge prohibits the creditors of the debtor from collecting on the debts that have been discharged.
North Carolina law requires the Executor to publish a Notice to Creditors in order to settle all creditor claims prior to settling the estate.
Notices to creditors must be published once a week for four (4) consecutive weeks and should state that claims must be filed by a date certain, which date is at least three (3) months from the date of first publication of the notice.
Most consumer debt is dischargeable in bankruptcy. Chapter 7 bankruptcy wipes out medical bills, personal loans, credit card debt, and most other unsecured debt. Debt that is related to some kind of bad act like causing someone injury or lying on a credit application can't be wiped out.
In North Carolina, creditors have at most 3 years from the date of death to file claims against the estate.
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 discharge order sent by the Clerk's Office will contain a general statement about the categories of debts that are discharged. The individual debts that are discharged will not be listed on the discharge order.
Thus, where a creditor has the ability to change the credit report, the best practice is to change the reporting upon discharge or, at the latest, as soon as the creditor receives such a request from the debtor by either deleting the debt or specifically reporting the debt as discharged in bankruptcy.
