For anyone who is filing bankruptcy, the discharge
document is the ultimate "prize" that the person could want to attain.
When your bankruptcy petition has been discharged in the court of law,
the creditors you have listed in the petition can no longer take legal
actions against you to recoup the debt.
Can I get a bankruptcy discharge?
Under regular situation, you will most likely
receive the bankruptcy discharge, unless the court system can justify
the suspicion of fraud being conducted. Bankruptcy is not an easy
process and you should not take it lightly. It is even harder to file
bankruptcy because of the new bankruptcy law that has been passed in
2005. Even with all these obstacles, most people who has filed for
bankruptcy, almost all of them will receive a bankruptcy discharge.
Who can issue the bankruptcy discharge?
A bankruptcy judge is assigned to each bankruptcy
case that has been submitted into the bankruptcy court. The job of the
bankruptcy judge is to ascertain the final outcome of the bankruptcy
case. Bankruptcy case is unlike any other law cases. Bankruptcy case is
not conducted in front of the bankruptcy judge. The bankruptcy judge's
responsibility is to use the documents gathered throughout the entire
bankruptcy process and decide if the bankruptcy case should be
dismissed or discharged. Even though the trustee can make
recommendation to the bankruptcy judge to deny you the discharge
ruling, the judge has the final say in this affair.
It is not impossible to be denied a bankruptcy
discharge, but it is not a frequent event. If the bankruptcy judge
believes you are hiding assets from creditors, your case can be
dismissed. The bankruptcy credit counseling courses are so important
that if you do not complete them, your bankruptcy case can be closed
without a discharge or dismissal.
Is bankruptcy discharge affected by the actions
of the creditors?
The creditors all have the chance to challenge
your bankruptcy discharge during the 341 meeting, or even the 30-45
days after the 341 meeting. The creditors are all given many chances to
submit the supporting documents to convince the bankruptcy judge that
your case should not be discharged. While the creditors can make the
recommendation to have the case or debt responsible by the debtor, the
bankruptcy judge can discharge the total case or just the specific debt.
In the case that a particular debt is not
discharged, this debt can never be discharged in another bankruptcy
case. If you need additional information on bankruptcy, please visit
our website at
ToFileBankruptcyOrNot.com.
Article Source: http://
www.articlesbase.com/personal-finance-articles/what-does-
bankruptcy-discharge-mean-2694638.html About the Author
Steve Sanchez has recently overcome the economic
depression of 2008-2009 by declaring bankruptcy. Even though bankruptcy
has devastated Steve financially and emotionally, Steve has rebuilt his
businesses in the last 6 months and he has not looked back since.
One of his project is to educate people on bankruptcy. Having gone
through the ordeal himself, he has first hand knowledge of the pros and
cons of filing for bankruptcy protection. Please visit his site
http://ToFileBankruptcyOrNot.com if you want additional information
regarding bankruptcy. |