The decree of the bankruptcy court which terminates the bankruptcy proceedings is generally a discharge that releases the debtor from most debts. A bankruptcy court may refuse to grant a discharge under certain conditions.
The decree of the bankruptcy court which terminates the bankruptcy proceedings is generally a discharge that releases the debtor from most debts. A bankruptcy court may refuse to grant a discharge under certain conditions.
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An individual receives a discharge for most of his or her debts in a chapter 7 bankruptcy case. A creditor may no longer initiate or continue any legal or other action against the debtor to collect a discharged debt. But not all of an individual's debts are discharged in chapter 7.
Chapter 7: Ordinary Bankruptcy can only be filed involuntarily. Declaring bankruptcy is not a matter of public record. Chapter 11: Reorganization involves business organizations only.
Bankruptcy is regulated by federal law. Chapter 7 bankruptcy petitions may only be filed voluntarily. In Chapter 11 bankruptcy, only the debtor may propose plans of reorganization. Creditor claims are divided into classes, and the highest class must be satisfied in full before going to the next category.
You do not have to be in a specific amount of debt to file Chapter 7 bankruptcy. Your income might play a role in your ability to file for Chapter 7 bankruptcy protection, and you might be required to complete a ?means test? to determine your eligibility.
In chapter 7 cases, the debtor does not have an absolute right to a discharge. An objection to the debtor's discharge may be filed by a creditor, by the trustee in the case, or by the U.S. trustee.
The answer is yes, creditors benefit from a certain degree of protection under the bankruptcy law and they are allowed to require debtors to file for bankruptcy. Nonetheless, the circumstances in which one would be forced by creditors to file for involuntary bankruptcy are limited.
An objection to discharge is a notice lodged with the Official Receiver by a trustee to induce a bankrupt to comply with their obligations. An objection will extend the period of bankruptcy so automatic discharge will not occur three years and one day after the bankrupt filed a statement of affairs.