When does a bankruptcy discharge occur under New York Bankruptcy Laws?

The average time required to grant a bankruptcy discharge varies according to chapter selected ability of a bankruptcy lawyer to meet or exceed deadlines. Chapter 7 discharges for average consumer cases occur 4 to 6 months after filing a petition. In Chapter 13 cases, discharge of debts subject to partial plan payment are granted after completing a five year plan. In chapter 11 cases, liquidated portions of debt are eliminated upon confirmation of the plan of reorganization. Although both Chapter 11 and 13 cases require plan confirmation for reorganization of debts, the actual discharge occurs at different times.

New York Bankruptcy Law and Lawyer Trustees

The discharge in all cases occurs only with court approval after objections filed by creditors, their bankruptcy lawyers and the trustee, if any, are addressed by the court. After a court determines that the debtor satisfied all code requirements and resolved all objections filed, a hearing is required for the court to grant discharge. If no objections remain, the court may conduct it's discharge hearing administratively, that is, without the necessity of an appearance by the debtor or their bankruptcy lawyer. The resulting order granting a bankruptcy discharge is usually mailed to parties in interest, and their lawyers or law firms.

The majority of personal bankruptcy lawyers certified in consumer Chapter 7 and Chapter 13 cases offer free initial consultations. Potential clients may review all options available and ask any question deemed important. All attorneys are bound by the attorney client privilege and must zealously guard confidentiality. Because of recent amendments to new bankruptcy laws, by passage of the latest reform bill known as the Abuse Prevention Act of 2005, debtors will find qualification for debt relief somewhat more difficult. Yet these laws also present new options, alternatives, and means of discharging debt that were previously unavailable. Now, more than ever, the assistance of qualified representation before federal courts is essential to gain maximum benefits provided by law.

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