What is a bankruptcy discharge? This is what creditors do not want you to know and what a bankruptcy attorney specializes in. A bankruptcy discharge is a legal elimination of the debt owed, and when a case is finished in bankruptcy court a discharge is ordered so that you can start over with a clean financial slate, and get a fresh start. A bankruptcy lawyer can help guide you through the confusing laws and court processes involved in filing for bankruptcy, so that you can get the discharge you want and need for a better future. Creditors hope that consumers do not understand what a bankruptcy discharge is, or to know enough to consult with a bankruptcy attorney when financial difficulties hit. That is because if the debt is discharged the creditor for that debt will not receive payment, and they are legally barred from ever attempting to collect on that debt again in most cases.
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A bankruptcy attorney will start your case from the very beginning with the goal of a discharge of all your debts if this is possible. Not all debts can be discharged during bankruptcy proceedings, and the bankruptcy lawyer that you hire can help you determine if any of your debts are exempt from a discharge. In many cases certain debts, such as child support, alimony, and student loans can not be eliminated, and this is also usually true of unpaid taxes and penalties but not always. Your bankruptcy attorney can work with you on the unique facts in your case, and determine if any debts must be paid or not. All debts which are discharged must be listed in the bankruptcy petition filed with the court, in the creditor matrix. Any debts not listed can not be discharged during a bankruptcy case, so it is important that you list all of your debts.
Obtaining a bankruptcy discharge is not difficult for most people, and a typical bankruptcy attorney sees many cases where the income and assets are so low that no property is seized or money ordered to be turned over to the bankruptcy trustee. Chapter 7 under the Bankruptcy Code allows for all debts to be discharged, and many consumers meet the requirements to file under this chapter. Only an experienced bankruptcy lawyer can give you excellent legal advice, and in many cases you may be able to file under more than one chapter. The lawyer you have chosen can help you evaluate which chapter is better in your individual situation, so that you get the best results from your bankruptcy case. If you have a hard time financially do not delay, contact a bankruptcy attorney as soon as possible so you can get the help and fresh financial start that you need.
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