A bankruptcy discharge releases the debtor from personal liability for certain specified types of debts. In other words, the debtor is no longer legally required to pay any debts that are discharged. The discharge is a permanent order prohibiting the creditors of the debtor from taking any form of collection action on discharged debts, including legal action and communications with the debtor, such as telephone calls, letters, and personal contacts.
Although a debtor is not personally liable for discharged debts, a valid lien (i.e., a lien on your home or vehicle) in the bankruptcy case will remain after the bankruptcy case. Therefore, if you fail to make the required installment payments on your home or car, a secured creditor may enforce the lien to recover the property secured by the lien.
Other types of debts may not be dischargeable (i.e., student loans, taxes, etc). You should consult with a bankruptcy attorney to determine which of your debts may not be dischargeable.
If you’ve been considering bankruptcy, please contact my office to schedule a consultation. We will discuss your options and put together a game plan. I offer FREE ½ hour consultations.
Please note: This information is not, nor is it intended to be, legal advice. You should always consult an attorney for individual advice regarding your own situation. We are a debt relief agency. Among other services, we help people file for bankruptcy relief under the bankruptcy code.