Winter Park Debt Discharge Attorney

Resolving Bankruptcy Matters in Greater Orlando Since 1990

If you are considering filing for bankruptcy, you are going to want to understand how bankruptcy discharge works and what it can and cannot do for your debt. At Richard A. Heller, P.A., our Winter Park bankruptcy attorneys have over 60 years of combined experience, we have an A+ accreditation from the Better Business Bureau, a top Superb Rating from AVVO, and a Distinguished Rating by Martindale-Hubbell®, a nationwide attorney rating service. If you are searching for an experienced attorney to handle your case, you have come to the right place.

What is the Bankruptcy Discharge?

The bankruptcy discharge releases the debtor from personal liability for certain types of debts. This means that once a debt has been discharged or "wiped out," the debtor is no longer required to pay that debt. What's more, the discharge itself acts as a permanent order that prohibits creditors from taking any form of debt collection action on discharged debts.

This means a creditor cannot commence or continue taking any legal actions, nor any communications with the debtor in the form of letters, phone calls, or emails etc.

When will the discharge occur? The timing on a discharge varies depending upon which Chapter of bankruptcy the debtor files under. In Chapter 7 case, the discharge is usually granted very quickly and about 60 days following the 341 meeting. Since Chapter 13 provides for a repayment plan over the course of 3 to 5 years, the discharge occurs after your last payment a report from the Chapter 13 Trustee of the successful completion of the plan.

Are All Debts Discharged?

Not all debts can be discharged. Generally, the exceptions to a discharge (debts that cannot be discharged) include:

In Chapter 7 cases, a discharge may be denied if the debtor fails to produce the required tax documents, or if they fail to complete a course on financial management, or if they attempt to defraud creditors. With Chapter 13 cases, the case is usually discharged once the debtor has completed all of their payments under the repayment plan.

To learn more, contact a Winter Park bankruptcy attorney from Richard A. Heller, P.A. to arrange your free consultation - (407) 501-4052!