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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If you file for personal bankruptcy, you generally have two options: Chapter 7 or Chapter 13. A Chapter 7 bankruptcy will sell off many of your assets to pay your creditors. In a Chapter 13 bankruptcy, you keep the assets but must repay your debts over a specified period.
You have a duty to co-operate with them, for example giving information when asked to do so. If you don't do this, the official receiver might ask the court to stop your discharge from taking place. This is called 'suspension of discharge'.
A suspended discharge occurs when the Court orders a delay so the bankrupt's discharge will not be effective until a later date.
A bankruptcy discharge releases the debtor from personal liability for certain specified types of debts. In other words, the debtor is no longer legally required to pay any debts that are discharged.
Discharge Injunction ? Upon successful completion of a consumer bankruptcy case the Court enters a Discharge Order. The Discharge Order replaces the Automatic Stay and forever bars the creditors from taking any action to collect money due them for debts incurred prior to filing the Bankruptcy Petition.
An avoidable preference payment involves a payment made before filing for bankruptcy that prefers one creditor over others similarly situated. Preference payment rules ensure all creditors have an equal chance to get paid instead of one creditor getting all or a disproportionate share of a bankrupt debtor's assets.
What happens when a creditor files an objection? A creditor's objection does not automatically prevent a discharge of debt. The debtor gets a chance to file an answer to the objection, and the court may hold a hearing to decide the issue. This is called an adversary proceeding, and it works much like any other lawsuit.
The automatic stay has a broad scope, applying to all creditors, whether secured or unsecured, and to all of the debtor's property, wherever located. It forbids creditors from pursuing both formal and informal actions and remedies against the debtor and its property.