Law Office of Robert B. Branson

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Bankruptcy

FREE Initial Consultation
Phone: (407) 894-6834
Email:
rbranson@bransonlaw.com

What is a bankruptcy discharge
and how does it operate?


One of the reasons people file bankruptcy is to get a "discharge." A discharge is a court order, which states that you do not have to pay most of your debts. Some debts cannot be discharged. For example, you cannot discharge debts for:
 

Personal Injury Caused by Driving Drunk or Under the Influence of Drugs

Court Fines and Criminal Restitution

Most Student Loans

Child Support

Most Taxes

Alimony

This discharge only applies to debts that arose before the date you filed. Also, if the judge finds that you received money or property by fraud, that debt may not be discharged.

It is important to list all your property and debts in your bankruptcy schedules. If you do not list a debt, for example, it is possible the debt will not be discharged.

The judge can also deny your discharge if you do something dishonest in connection with your bankruptcy case, such as destroy or hide property, falsify records, lie, or if you disobey a court order.

You can only receive a Chapter 7 discharge once every six years. No one can make you pay a debt that has been discharged, but you can voluntarily pay any debt you wish to pay. You do not have to sign a reaffirmation agreement or any other kind of document to do this.

Some creditors hold a secured claim (for example, the bank that holds the mortgage on your house or the loan company that has a lien on your car). You do not have to pay a secured claim if the debt is discharged, but the creditor can still take the property. Therefore, if you want to keep the secured property, keep paying the creditor.

Even if a debt can be discharged, you may have special reasons why you want to promise to pay it. For example, you may want to work out a plan with the bank to keep your car. To promise to pay that debt, you must sign and file a reaffirmation agreement with the court. Reaffirmation agreements are under special rules and are voluntary. They are not required by bankruptcy law or by any other law. Important points about a reaffirmation agreement:

It can be canceled anytime before the court issues your discharge, or within 60 days after the agreement is filled with the court, whichever gives you the most time.

It must not place too heavy of a burden on you or your family.

It must be in your best interest.

It must be voluntary.

If you are an individual and you are not represented by an attorney, the court must hold a hearing to decide whether to approve the reaffirmation agreement. The agreement will not be legally binding until the court approves it.

If you reaffirm a debt and then fail to pay it, you owe the debt the same as though there was no bankruptcy. The debt will not be discharged and the creditor can take action to recover any property on which it has a lien or mortgage. The creditor can also take legal action to recover a judgment against you.

If you want more information or have questions about how the bankruptcy laws affect you, you need legal advice. The trustee in your case is not responsible for giving you legal advice.

You create an estate when you file bankruptcy,
and the trustee controls
any nonexempt property of the estate.


Debts That Can Not Be Discharged:

Most Taxes (Depends on Type and Length of Time Since Last Assessment Date)

Most Student Loans

Wages You Owe Someone Else

Child Support/Alimony

Fines


Debts That May Not Be Discharged (Serious Problems):

Fraud (Includes Any Nondisclosure of Assets)

False Financial Statements

Embezzlement/Larceny

Malicious Acts

Credit Abuse

DUI Claims


Florida Exemptions:

$1,000.00 per Person of Personal Property (includes assets such as furniture, jewelry, cars, boats, etc.) minus any liens against them

Most Life Insurance, 401k's, Retirement

Wages (Not Commissions)

Workers' Compensation Claims

Homestead

 

For more information on Bankruptcy:


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