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What Is the Bankruptcy Discharge?
Usually, the whole reason to declare bankruptcy is to obtain the bankruptcy discharge. Once you have received your discharge in bankruptcy, no discharged creditor can take any enforcement action against you, ever.
In other words, the discharge order forever prohibits any type of collection effort against you for a discharged debt. The bankruptcy discharge entirely and eternally eliminates your personal liability on all discharged debts.
Your discharge acts as a legal release for all debts that you will no longer be legally required to pay.
A Permanent Injunction Against Debt Collection
Once statutory objection periods have elapsed, the clerk of court will issue your discharge. The Order of Discharge permanently enjoins creditors from collection on any discharged debt. The discharge injunction permanently replaces the Automatic Stay that takes effect with the bankruptcy filing.
Your discharge not only prohibits creditors from calling you, but also permanently prevents any lawsuits, garnishments, correspondence, and all other collection tactics. Any judgments on debts arising before the bankruptcy was filed are void after the discharge. Both Chapter 7 bankruptcy and Chapter 13 bankruptcy have a bankruptcy discharge.
Certain “Pass Through” Debts Survive the Discharge
Although the discharge will eliminate your liability on most debts, the general rule is that secured liens will survive (or pass through) the bankruptcy unaffected. Secured liens include mortgages, vehicle loans, security interest finance agreements, and most tax liens.
Recent taxes and student loans also pass through bankruptcy discharge, along with other specific but less common types of debts.
Consult with an Experienced Bankruptcy Lawyer
Finding yourself on the wrong side of a technical rule or disclosure requirement may jeopardize your case. You should file bankruptcy only if you are confident in the outcome of your case.
Achieving the maximum benefit from your discharge should be your main goal. Consult an experienced bankruptcy attorney to maximize the effect of your bankruptcy discharge.
They Called. They're Glad They Did.
Brian Lee from Lee Legal was an amazing attorney to work with. He took his time, reviewed my documents and we discussed my situation thoroughly. He explained the process and my options as well as gave his recommendation. Not only did he assist, but he ensured that I knew this...
I was very nervous and scared about going through this process. But Brian was very knowledgeable and helped me through it. I was notified about any and all updates to my case and he was very responsive when I had questions regarding any concerns I had. Although a bit nerve...
Brian provided me with a very detailed analysis about my potential case after our first consultation. He promptly responded to all my complex questions, especially navigating student loans and some tax discussions. He is very professional and experienced at what he does, I would...
I've had the pleasure of working alongside Brian V. Lee for several years, and I can say without hesitation that he is one of the most knowledgeable bankruptcy attorneys in the DMV area. Brian's command of Chapter 7, 11, and 13 practice is exceptional, and his clients in the DC...
Brian has the amazing talent of taking complicated legal matters and distilling them down to seamless, frictionless resolutions. He is a phenomenal problem solver and a trusted advisor.
Brian is both warm and professional. He helped me navigate a financial issue that I had not been looking forward to working on and he made the entire experience non-stressful, receiving a lot of anxiety I had around the matter. He is straight forward and a fantastic problem...
I had the opportunity to work with Brian at a time when I was challenged by a professional setback and forced with the challenge of making some very difficult legal decisions. Additionally, I worked with him again as I was dealing with some financial issues pertaining to my...
Still several years from Public Service Student Loan Forgiveness and saddled with significant student loan payments in proportion to my income, I came to Lee Legal to explore the bankruptcy path. Through his counsel, Brian took the fear out of the process and helped me to...
