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Bankruptcy Discharge
Many clients and persons who visit our website inquire
what is a Bankruptcy Discharge. A
Bankruptcy Discharge is a permanent order stating that
you are no longer required to pay Debts that are
Discharged.
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A Bankruptcy Discharge also
prevents Creditors from collecting on Dischargeable
Debts including phone calls, letters,
law suits, wage garnishments, etc. If a Creditor
violates the Bankruptcy Discharge and attempts to
collect, your Bankruptcy Attorney can reopen the
Bankruptcy case and the Judge may award sanctions,
usually Civil Contempt or a Fine. A Bankruptcy Discharge
only covers Dischargeable Debts. For example, a valid
lien (upon specific property to secured payment of a
Debt) that is not avoided will remain after the
Bankruptcy Discharge. |
There are nineteen (19)
categories of Debt excepted from the Bankruptcy
Discharge under Chapter 7 Bankruptcy, Chapter 11, and
Chapter 12 Bankruptcy. There are less
categories under Chapter 13 Bankruptcy. Exceptions to
the Bankruptcy Discharge (meaning you will still owe
these Debts after the Bankruptcy Discharge ) include
certain tax claims, Debts not included in the
Bankruptcy, Child Support and Alimony, Malicious
injuries to persons and properties, fines from
governmental units, personal injuries while driving
intoxicated, and student loans. In a Chapter 13
Bankruptcy, however, sometimes your Bankruptcy Attorney
can obtain a Hardship Discharge when you are no longer
able to continue paying due to factors beyond your
control.
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Bankruptcy Discharge can be denied for numerous reasons.
A Bankruptcy Discharge can be denied if the Debtor does
not provide the appropriate tax documents, if he
conceals property with the intent to hinder Creditors,
perjury, failure to account for loss of assets, failure
to complete a required Personal Financial Management
course, and other reasons. Although in a Chapter 7
Bankruptcy or Chapter 13 Bankruptcy , the Bankruptcy
Discharged will be denied if the the Debtor does not
complete the Financial Management course requirements,
exceptions are if the US Trustee determines the
Financial Management courses available are inadequate,
the Debtor is disabled or incapacitated, or in Active
Duty in a Combat Zone.
In a Chapter 7 Bankruptcy, numerous parties can prevent
the Debtor from obtaining a Bankruptcy Discharge. A
Creditor can file an Adversary Proceeding against the
Debtor , and both the Bankruptcy Trustee and the US
Trustee (Bankruptcy Officials) can prevent a Bankruptcy
Discharge. |
 If
you need a copy of your Bankruptcy Discharge, you need
to contact the Clerk of the Bankruptcy Court.
If you have a Bankruptcy Attorney, your Attorney will
obtain a copy of the Bankruptcy Discharge for you. The
Bankruptcy Court charges a fee for a copy of the
Bankruptcy Discharge. If you want a Certified Copy of
the Bankruptcy Discharge the fee is more. If your
Bankruptcy case is closed and archived, the Bankruptcy
Court also charges a retrieval fee.
A Bankruptcy Discharge can be revoked if the Debtor
obtained the Bankruptcy Discharge fraudulently, did not
disclose property of the Bankruptcy Estate, did not
provide documents requested in a audit of the Bankruptcy
case, and miscellaneous other acts referred to in
727(a)(6) of the US Bankruptcy Code. The request to
revoke the Bankruptcy Discharge usually must be filed
within one (1) year of the Bankruptcy Discharge.
Our affiliate company,
Julian Credit Management (www.JulianCredit.com) is a
Credit Counseling Organization and offers:
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Debt Consolidation |
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Credit Counseling
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Credit Repair
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Mortgages Loans
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Settlements
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Refinancing |
The Bankruptcy Code prohibits Discrimination in
employment because of the granting of a Bankruptcy
Discharge. Governmental employers can not discriminate
in hiring or terminating employees, or the granting of
licenses because a Debtor received a Bankruptcy
Discharge. Private employers can not discriminate if the
employment discrimination was based solely on the
granting of the Bankruptcy Discharge.
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Jay Matthew Weller, Attorney at Law
Bankruptcy Attorneys
Tampa Bay Florida
and Debt Consolidation Legal Services
Florida Law Firm with Offices in
Tampa Clearwater (Headquarters) Lakeland Port Richey
Phone: 1-800-407-3328 (DEBT)
www.jayweller.com
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