How can I get a discharge? New York Bankruptcy Lawyer FAQs
A federal presumption favors debtors and their bankruptcy lawyers when
seeking discharge. In uncontested
cases, the discharge is virtually automatic after review by the trustee
and court. In contested cases in which objections or adversary proceedings are filed
by any
creditor, their bankruptcy lawyers, or other parties in interest, the debtor retains the favorable presumption
for discharge.
Discharge is withheld only upon an affirmative court finding, supported by credible evidence, that the debtor is not entitled
to receive relief. The Federal Rules of Bankruptcy Procedure require that bankruptcy clerks mail a copy of
discharge orders to creditors, trustees, trustee's, and their respective bankruptcy lawyers. The debtor should
always receive copies.
New York bankruptcy law and lawyers
Notice of discharge is rather generic, and does not specifically list
all debts which have been discharged. The order mailed to interested parties and their bankruptcy lawyers
does not identify the specific debts that are eliminated or debts found to be nondischargeable. To prove a specific
debt was discharged, a debtor must have both the discharge order and associated schedules, bearing a court file
stamp, to identify the debt. If, for any reason, a debtor fails to receive a copy of the order granting relief,
the discharge nevertheless remains effective.
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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