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What is the discharge in bankruptcy?

When facing overwhelming debt, Michigan residents may turn to bankruptcy in order to get a fresh financial start. Without bankruptcy, they may not be able to pay their bills as they become due. As a result, they are often subject to harassing and embarrassing calls from creditors and collection agencies. Filing for bankruptcy can immediately offer some relief to the petitioner. However, in order to get long-term debt relief, people must obtain a discharge.

According to the United States Courts, a bankruptcy discharge is the legal mechanism that relives people of their obligation to pay their debts. A discharge is an order by the bankruptcy court that permanently removes personal liability for the debts listed in the bankruptcy petition. The discharge is generally automatic in a Chapter 7 bankruptcy as long as no objections were made to the proceedings.

Once the discharge has been issued, creditors are prohibited from taking any legal action to collect the debt and must cease all contact with the debtor. This means that creditors can no longer call, contact or send letters to a person about a discharged debt.

In a Chapter 7 bankruptcy, the discharge occurs about 60 days after the meeting of the creditors or approximately four months after the bankruptcy petition is filed. The 60 days provides time for creditors to object to the bankruptcy filing.

Michigan residents should understand that some debts do not qualify for a discharge. Therefore, people need to understand whether or not filing for bankruptcy will actually provide the debt relief they seek. For specific legal advice, people should turn to an attorney and not this blog post which can only provide general information.

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    Posted by MaryDecember 11, 2015

    "I am overwhelmed by your response to my call, even 10 years after my bankruptcy was discharged. You have more knowledge and expertise than I could have imagined. Because of you, my fears have been put to rest. For that, I'm so very grateful. Thank you many times over. "

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    Posted by ClientOctober 26, 2010

    "... I was extremely impressed with Charles' understanding of the bankruptcy laws to the extent that I felt certain that my best interests were always at the forefront. "

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    Posted by MarleneJanuary 8, 2014

    He helped me thru my 1st bankruptcy and now the second. I had no idea what to expect , but they kept me informed and answered all my questions. Mr. Schneider is the most experienced and knowledgeable lawyer I have ever met. If you have to file call this attorney first!

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