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Common Concerns & Questions About Bankruptcy

Individual bankruptcy and how a discharge works

| Nov 2, 2016 | Personal Bankruptcy |

There are certain factors that a Texan who is filing for individual bankruptcy might not fully understand. This, however, does not make them any less important. One of the biggest reasons a person will file for bankruptcy is to get debt relief and address financial challenges. With that in mind, the debtor needs to understand various aspects of the bankruptcy discharge and how it works.

The discharge is an order from the court that says the debtor is no longer required to pay the debts. Some debts can be discharged while others cannot. The following debts cannot be discharged: the majority of taxes, child support, alimony, student loans, fines from courts, criminal restitution, and personal injury payments that were ordered because of an accident due to driving under the influence of alcohol or drugs.

When seeking a discharge, the debtor must understand that it will only be applicable to debts that came about after the date the bankruptcy was filed. In the event that the judge discovers that the person has gotten money or property through fraud, it is possible that the debt will not be discharged. All property and debts must be listed in the bankruptcy schedules. If a debt is not listed, it might not be discharged. If there was some dishonesty discovered during the case, such as hiding or destroying property, falsifying records, lying or disobeying a court order, the court could deny the discharge.

For people who are seeking to get a fresh start with individual bankruptcy, it is imperative to understand what a bankruptcy discharge is. A lawyer can be of assistance with a case from the beginning to end and help with any issue that might arise.

Source: justice.gov, “Bankruptcy Information Sheet — What Is a Bankruptcy Discharge and How Does It Operate?,” accessed on Nov. 1, 2016