Declaring bankruptcy is not a quick fix to remove your outstanding debts from your immediate responsibility. Rather, there is a certain procedure that you must dedicate a lot of time and energy, along with investing a little more money into (i.e., attorney fees, court fees, etc). This is all to say that the bankruptcy discharge you may have been promised after your case may not be an automatic guarantee. With all that being said, please continue reading to learn more about a bankruptcy discharge and how an experienced Rockland County bankruptcy attorney at The Law Offices of Allen A. Kolber, Esq., P.C. can help you effectively obtain one.
What is a Chapter 7 or Chapter 13 bankruptcy discharge?
Essentially, a bankruptcy discharge is a court order that may release you, a debtor, from personal liability for certain debts. In other words, you may no longer be expected to pay off these debts in full, all while your creditors may not be allowed to conduct any collection actions against you. Examples of debts eligible for discharge are medical bills, personal loans, and credit card debts. In contrast, non-dischargeable debts may entail spousal support and child support payments, tax liens, criminal restitution from a criminal case, and monetary damages from a personal injury case.
Further, if you undergo a Chapter 7 bankruptcy process, and do so correctly, your eligible debts may be discharged three to six months after you file your initial petition. For a Chapter 13 bankruptcy, this court order may go into effect once you complete your three- to five-year repayment plan successfully.
What do I need to do to obtain a bankruptcy discharge?
To reiterate what was mentioned above, you must complete all the requirements within your Chapter 7 or Chapter 13 bankruptcy case to obtain a bankruptcy discharge at the end of it. Generally speaking, completing all the requirements may entail the following:
- You must attend your required 341 meeting of creditors.
- You must complete your required credit counseling course.
- You must cooperate with your bankruptcy trustee throughout.
- You must take action toward paying off your non-dischargeable debts.
Even after meeting all these requirements, you cannot assume that this debt discharge happens instantaneously. Instead, wait for the bankruptcy court clerk to mail a copy of the discharge order to you, along with your attorney, bankruptcy trustee, and outstanding creditors. Importantly, this discharge order should specify which of your eligible debts are no longer your responsibility. This may help you avoid trouble with failing to pay off your outstanding, non-dischargeable debts right after you finish a gruesome bankruptcy process.
In conclusion, we hope this blog offers the insight you were searching for. For more information, we encourage you to contact a skilled Rockland County bankruptcy attorney from The Law Offices of Allen A. Kolber, Esq., P.C. today.
