The Terrible Consequences of Not Getting A Discharge In Bankruptcy

03 May The Terrible Consequences of Not Getting A Discharge In Bankruptcy

You file a bankruptcy to get rid of, to discharge, your debts. You might not get a discharge if there is a successful objection based on fraud, poor records, hiding assets, not cooperating with the trustee, giving stuff away with one year before the filing, etc. You might not get a discharge if you do not complete your Chapter 13 payments without a hardship or conversion to Chapter 7. You might even have your discharge revoked for later-discovered fraud.

There’s no second bite at this apple. A debt which was or could have been listed in a previous bankruptcy where a discharge was denied waived can never be discharged in any future bankruptcy. You’re left with your state law’s statute of limitations, and any legal defense you might have to the debt.

It’s really a good idea to cooperate with your attorney and get the discharge as quickly as possible.

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L. Jed Berliner practices exclusively in consumer bankruptcy, foreclosure defense, and related consumer protection litigation such as credit card defenses and suing debt collectors. He established his Springfield, MA practice in 1988. Attorney Berliner is a regular and active contributor to the Bankruptcy Law Network, the Bankruptcy Roundtable, and the National Association of Consumer Bankruptcy Attorneys, three specialized consumer bankruptcy forums on the Internet, and is an informal mentor to regional practitioners. He is recognized by his peers as an expert in consumer bankruptcy issues. He thoroughly enjoys being rated "excellent" in his client surveys.

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