A discharge releases the debtor is from personal liability for specified types of debts. A discharge legally clears the debtor of his or her obligations to pay these discharged debts, and the creditor no longer has any rights to collect on the debt. However, a valid lien will remain after the bankruptcy case if this lien secures the debt that has not been made unenforceable by the bankruptcy case. Not every debt is discharged. Discharge of debts varies depending on which chapter of bankruptcy you file under. An experienced bankruptcy lawyer can explain which of your debts may be dischargeable and which are not.
Contact a Bankruptcy Lawyer in Your Area
A debtor will automatically receive a discharge unless litigation arises that involves a creditor’s objections to this discharge. The court clerk then mails a copy of the discharge order to all creditors, the U.S. Trustee, the case trustee, you, and your bankruptcy attorney. This notice informs creditors that the debts owed to them have been discharged and that they are prohibited from attempting further collection. This notice also informs your creditors that if collection attempts are made, they may be subject to punishment for contempt.
A discharge may be revoked under certain circumstances. Allegations brought forth by the trustee, creditors, or the U.S. Trustee must typically be filed within one year after the discharge was granted. In other cases, these allegations must be filed before the date of the case is closed. It is the court’s decision whether to revoke the discharge.
Contact a bankruptcy lawyer in your area to find out more about filing for bankruptcy.