Everyone knows that you file bankruptcy to get a discharge of your debts. But what is it? A bankruptcy discharge is a permanent court order pursuant to statute stopping creditors from collecting or attempting to collect a debt as a personal liability from a debtor. Not every debt is discharged, nor does every debtor receive an order of discharge. But if you file for bankruptcy, discharge is what you want.
A debtor can be denied a discharge for fraud on creditors, fraud on the court or simply not completing all the requirements for filing bankruptcy such as taking the debtor education class. Certain debts may be required to be paid after a bankruptcy such as student loans or mortgages and car loans where you intend to keep those items of property or damages caused while driving drunk. Other times, you might want to continue to pay a debt by way of reaffirmation.
The U.S. Court system maintains a web page to explain the technicalities surrounding discharge. But a better, less technical description can be found on Attorney Cathy Moran’s website.
About Eugene S. Melchionne, Connecticut Bankruptcy Lawyer
Mr. Melchionne is a graduate of The University of Connecticut (BA 1977) and Drake University School of Law (JD 1980) where he received the American Jurisprudence Award for academic excellence. Most recently, Mr. Melchionne was appointed to the Commission on Mortgage Foreclosures by Connecticut Supreme Court Chief Justice Chase Rogers to recommend changes to procedures to protect consumers in the Connecticut Courts in foreclosure cases. Since 1980, Mr. Melchionne has focused his practice in the areas of consumer bankruptcy, workouts and foreclosure defense in distressed real estate markets, real estate transactions, condominium law, commercial litigation, business organizations and probate. Prior to opening his office in 1990, Mr. Melchionne was the Vice President of the Waterbury Credit Bureau and was associated with Grady & Riley in Waterbury, Connecticut and DiPietro, Kantrovitz & Brownstein, P.C. in New Haven, Connecticut. From 1990-1998, Mr. Melchionne was of counsel to Bender & Anderson handling that firm's complex litigation and trials. In addition to his practice, Mr. Melchionne was an adjunct professor at the American Institute of Banking and Teikyo Post University teaching bankruptcy, real estate, commercial and consumer law. Mr. Melchionne also advised the Corporation Counsel's office for the City of Waterbury on bankruptcy and foreclosure matters and mentored junior attorneys in that office. Mr. Melchionne was appointed State Chair for the National Association of Consumer Bankruptcy Attorneys (NACBA). He acts as liaison between the national organization and Connecticut attorneys who are members of the Association.
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