Law Office of John Bristol
1776 N. Pine Island Road, #224, Plantation, Florida 33322
Since 1988, Fort Lauderdale Bankruptcy Attorney Center of John Bristol has filed more than 5,000 consumer Chapter 7 Bankruptcy and Chapter 13 Bankruptcy Cases in the Fort Lauderdale area (the Southern District of Florida). As a Fort Lauderdale Bankruptcy Attorney; John concentrates his Bankruptcy law practice only in Broward County. We offer PAYMENT PLANS and give FREE CONSULTATIONS (954) 475-2265
At the End of the Chapter 7 Bankruptcy Case, You Receive a Discharge of your debt
The grounds for denying an individual debtor a Chapter 7 Bankruptcy discharge are very narrow and are construed against the creditor. Among other reasons, the court may deny your discharge if you fail to keep or produce adequate books or financial records; failed to explain satisfactorily any loss of assets; committed a bankruptcy crime such as perjury; failed to obey a lawful order of the bankruptcy court; fraudulently transferred, concealed, or destroyed property that would have become property of the estate; or failed to complete an approved instructional course concerning financial management. 11 U.S.C. § 727; Fed. R. Bankr. P. 4005.
Secured creditors keep their rights in secured property even after a Chapter 7 bankruptcy discharge is granted. Depending on individual circumstances, if a debtor wishes to keep secured property (such as an automobile or home), he or she may decide to "reaffirm" the debt. A reaffirmation is an agreement between the debtor and the creditor that the debtor will remain liable and will pay all or a portion of the money owed for that car or home. In return, the creditor promises that it will not repossess or take back the automobile or other property so long as the debtor continues to pay the debt.
An individual receives a bankruptcy discharge for most of his or her debts in a chapter 7 bankruptcy case. A creditor may no longer start or continue any legal or other action against you to collect a discharged debt. Not all debts are discharged in chapter 7 Bankruptcy. Debts not discharged include: debts for alimony and child support, certain taxes, debts for certain educational benefit over payments or loans made or guaranteed by a governmental unit, debts for willful and malicious injury by the debtor to another entity or to the property of another entity, debts for death or personal injury caused by the debtor's operation of a motor vehicle while the debtor was intoxicated from alcohol or other substances, and debts for certain criminal restitution orders. 11 U.S.C. § 523(a). As a Chapter 7 Bankruptcy Lawyer, John Bristol will completely review your case to make sure that you receive the Bankruptcy Discharge. For additional Information see USCourts.gov.
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Chapter 7 Bankruptcy Or Chapter 13 Bankruptcy
Fort Lauderdale Bankruptcy Attorney John Bristol has filed more than 10,000 Bankruptcy cases in Florida since 1988. We concentrate Now our law practice on Chapter 7 Bankruptcy (liquidation) and Chapter 13 Bankruptcy (personal reorganization) cases in the Fort Lauderdale and Broward County area
Short Videos That Explain The Bankruptcy Discharge:
The Office is on the Corner of Sunrise Boulevard and Pine Island Road
From I 95: Take Sunrise Boulevard West to Pine Island Road
From I 595: Take Pine Island Road North to Sunrise Boulevard
1776 N. Pine Island Road, #224
Plantation, Florida 33322
Creditors can ask that certain debts not be discharged including debts incurred via fraud, any luxuries you charged in the months preceding your bankruptcy, or debts arising from willful and malicious acts like arson, kidnapping, vandalism, libel, or slander. Chapter 13 allows some debts to be discharged that can't be discharged in Chapter 7. This includes: marital debts created in a divorce agreement (not including spousal support or alimony), court fees, certain tax-related debts, condo and homeowners' association fees, debts for retirement loans, and debts that could not be discharged in a previous bankruptcy.
According to the United States Courts, discharge for Chapter 7 bankruptcy usually occurs about four months after the date you file your bankruptcy petition. For Chapter 13, the discharge occurs after all the payments under the bankruptcy plan have been made, which is between three and five years. If you don’t take the required financial management course, the court can deny your bankruptcy discharge.
Once your debts have been discharged, a copy of the order will be mailed to all your creditors and also to the U.S. trustee, the trustee in your bankruptcy case, and the trustee’s attorney. This order includes a notice that creditors should not attempt to collect on the debts or else they face punishment for contempt. Make sure you keep a copy of the order of discharge along with all the other bankruptcy paperwork, so you don’t have to pay to get a copy later on. You can use a copy of these papers to correct credit report issues or deal with creditors who try to collect from you after the bankruptcy discharge.
If any creditor tries to collect a discharged debt from you, you can file a motion with the court and have the case reopened. The creditor can be fined with the court finds that the creditor violated the discharge injunction. Before going that route, try sending a copy of your order of discharge to stop collection activity and if that doesn't work, talk to a bankruptcy attorney about taking legal action.
A bankruptcy discharge is a court order issued at the end of a Chapter 7 or Chapter 13 case that relieves you from your obligation to pay a debt. You must complete all the requirements for your bankruptcy case to receive a discharge. Once a debt has been discharged, the creditor is prohibited from taking collection action on that debt ever again. That includes calling, sending letters, or suing over the debt. Creditors and lenders can, however, enforce any liens attached to secured debts. They can still repossess and sell any property attached to a lien, even after the associated debt has been discharged.
What can be discharged and the amount of the discharge will depend on whether you file Chapter 7 or Chapter 13 bankruptcy. In Chapter 7 bankruptcy, the trustee divides your nonexempt assets among your creditors and any remaining debt will be discharged. In Chapter 13 bankruptcy, you enter a repayment plan that repays all or most of your debt. At the end of your repayment plan, the remaining debt will be discharged. Debts that are likely to be discharged in bankruptcy include credit card debts, medical bills, lawsuit judgments, personal loans, obligations under a lease or other contract, and other unsecured debts. There are some types of debt, however, that cannot be discharged in either type of bankruptcy.
There are Debts that can't be discharged in Chapter 7 Bankruptcy. Section 523(a) of the Bankruptcy Code describes the types of debt that may not be discharged. Debts that can’t be discharged in Chapter 7 bankruptcy include: Domestic obligations like child support, alimony, and other debts owed under a marriage settlement agreement; Certain fines, penalties, and restitution resulting from criminal activity; Certain taxes, including fraudulent income taxes, property taxes that became due within the past year, and business taxes; Court costs; Debts from a DUI; Condo or other homeowners’ association fees charged after you file bankruptcy; Retirement plan loans; Debts not discharged in a previous bankruptcy; Debts you didn’t list on your bankruptcy. Also, It is extremely difficult and close to impossible to discharge student loans in bankruptcy.
Please Contac Us With Any Questions
The Law Office of John Bristol, 1776 N. Pine Island Road, #224, Plantation, Florida 33322 is a debt relief agency. We help people file for bankruptcy relief under the Bankruptcy Code. Disclosure: The hiring of a lawyer is an important decision that should not be based solely on advertising. Before you decide please ask us for information concerning out qualifications and experience