The
type of bankruptcy case that the debtor files determines the bankruptcy
discharge. If you already consulted a Fort Lauderdale bankruptcy attorney, he
or she must have explain to you the differences and applicability of Chapter 7,
11, 12 or 13 bankruptcies. A bankruptcy discharge simply releases the debtor
from his or her personal liability for definite specified types of debts. This
means that the debtor is no longer legally obliged to pay any debts that are
discharged. The discharge is a lasting
order ruling out the creditors of the debtor from taking any kind and form of
collection action on discharged debts which includes legal actions and
communications with the debtor like letters, phone calls and emails.
Even
if a debtor is not personally responsible for discharged debts, a valid lien
that has not been kept away in the bankruptcy case will stay on after the
bankruptcy case. To recover the property secured by the lien, a creditor might
enforce the lien.
Depending
on the chapter under which a bankruptcy case filed the timing if discharge
varies. In chapter 7 the time fixed for filing a motion to dismiss the case for
substantial abuse. There are also differences when it comes to Chapter 11, 12
and 13. The Bankruptcy Code gives restricted exceptions to the “financial
management” requirement if the US trustee or bankruptcy administrator
determines if there are insufficient educational programs available, or the
debtor us disabled or incapacitated or on active military duty in a combat
zone. To avoid any mishaps or misinformation, contact a Fort Lauderdale bankruptcy attorney now!
Winston I. Cuenant, Esq., is
a highly talented French speaking
attorney Miami who can extend his
helping hands to guide towards a successful legal battle. He can handle case in
real estate, civil litigation, filing for bankruptcy and more.
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