05 Apr Dismissed or Discharged in Bankruptcy
Dischargerefers to the order of the court that makes the debtor’s dischargeable debt forever unenforceable. A bankruptcy discharge is the goal of a case. Proper usage is that the debtor “receives a discharge”, though if you tell a lawyer you were discharged (of your debts), they’ll understand.
Dismissedrefers to the case filed by a debtor. It almost always refers to the termination of the case before a discharge is entered. The legal effect of a dismissal is that the debtor and his creditors are returned to their legal rights as they existed outside of bankruptcy.
The ’05 amendments to the Bankruptcy Code added a number of duties of the debtor which, if unperformed, lead to dismissal of the case. The amendments also limited the scope of the automatic stay in cases filed subsequent to the dismissed case. As a result, it has become far more difficult to represent yourself in bankruptcy and get that prized discharge.
A bankruptcy lawyer can help you get a bankruptcy discharge.
Cathy Moran, Esq.
Latest posts by Cathy Moran, Esq. (see all)
- Can You Afford The Cost Of Waiting? - November 10, 2013
- Lost IQ: The True Cost Of Just Paying The Credit Card Minimum - October 10, 2013
- Getting Rid Of Tax Liens After Bankruptcy - September 10, 2013
- Why The Information You Give Your Bankruptcy Lawyer Has A Sell-By Date - August 27, 2013
- Super Heroes Fight Debt - August 10, 2013