What Is A Bankruptcy Discharge?

A bankruptcy discharge is one of the primary reasons that an individual files for bankruptcy protection. A bankruptcy discharge is a Court order releasing the debtor from personal liability for the majority of debts (some debts are not covered by the discharge) that they owe. This means the debtor is no longer legally required to pay any debts that are discharged.

If you are an individual, you get a discharge by filing for bankruptcy protection under Chapter 7 or Chapter 13 of the Bankruptcy Code (individuals may also file under Chapter 11 or Chapter 12 but it is less common) and completing various requirements. The Bankruptcy process involves completing the following: a pre-bankruptcy credit counseling course, filing a bankruptcy petition, attending a meeting with an individual called a trustee who represents creditors’ interests and completing a 2nd post-filing counseling course. Assuming all of these steps are completed, the honest debtor will eliminate their legal requirement to pay their debts. Those individuals who hire a seasoned bankruptcy attorney to guide them through the process tend to have less headaches and better results.

If you are interested in learning more about the bankruptcy discharge and what type of bankruptcy protection is available to you, please reach out to our office. We offer a free consultation where we answer your questions and give our opinion of your options.

At the law offices of Andersen, Ellis & Shephard, we have represented thousands of individuals in consumer bankruptcy filings.

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