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Hope Law Group Column

May an employer terminate a debtor's employment solely because the person was a debtor or failed to

What can the debtor do if a creditor attempts to collect a discharged debt after the case is conclud

May the debtor pay a discharged debt after the bankruptcy case has been concluded?

Can the discharge be revoked?

Can a debtor receive a second discharge in a later chapter 7 case?

Does the debtor have the right to a discharge or can creditors object to the discharge?

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WHAT IS A DISCHARGE IN BANKRUPTCY?

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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. The discharge is a permanent order prohibiting the creditors of the debtor from taking any form of collection action on discharged debts, including legal action and communications with the debtor, such as telephone calls, letters, and personal contacts.

Although a debtor is not personally liable for discharged debts, a valid lien (i.e., a charge upon specific property to secure payment of a debt) that has not been avoided (i.e., made unenforceable) in the bankruptcy case will remain after the bankruptcy case. Therefore, a secured creditor may enforce the lien to recover the property secured by the lien.

(Excerpt from US Bankrtupcy Court website)

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Hope Law Group Video

Bankruptcy Basics Part 1: Introduction

Bankruptcy Basics Part 2: Types Of Bankruptcy

Bankruptcy Part 3: Limits Of Bankruptcy

Bankruptcy Part 4: Filing For Bankruptcy

Bankruptcy Part 5: Creditors' Meetings

Bankruptcy Part 6: Court Hearings

Bankruptcy Part 7: The Discharge

Bankruptcy Part 8: Legal Assistance

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