The primary concern for people that need to file bankruptcy in Woodland Hills, California is how and when do they get a discharge. As any experienced bankruptcy attorney in Woodland Hills will tell you, the discharge is the most important benefit offered under the bankruptcy law. It is the heart of a bankruptcy case since the discharge order acts as a legal injunction that stops any creditor from pursuing a debt that was discharged. So how do you get a discharge in your Chapter 7 bankruptcy case?
If you hire an expert bankruptcy lawyer, you will know exactly what will happen in your case and together you will plan in advance for any issues that might affect how and when you get your discharge. But generally, most people that file Chapter 7 do not face any unusual issues or delays in receiving a discharge.
For the typical debtor, the discharge notice and order will come in the mail within months of the filing of a bankruptcy case! Your petition is filed; you attend a meeting with your bankruptcy trustee (the 341 meeting), accompanied by your lawyer, and then about 4 months after you file your petition, the process is complete. The Federal Rules of Bankruptcy Procedure provide for the clerk of the bankruptcy court to mail a copy of the order of discharge to all creditors, the U.S. trustee, the trustee in the case, and the trustee’s attorney, if any. And of course, the debtor and the debtor’s attorney also receive copies of the discharge order.
A few debtors may face litigation involving objections to their discharge. Creditors who believe, for example, that the debtor engaged in fraud or used false financial information to obtain credit are allowed to file a lawsuit in the bankruptcy court and to ask the bankruptcy judge to rule on whether their debts are dischargeable. After you meet with your bankruptcy lawyer, you will know whether you can expect to face this kind of challenge in your case, and you will do some planning when appropriate to reduce or avoid this risk of litigation. The lawyers at Bankruptcy Law Center are experienced in litigating and resolving disputes concerning your discharge.
When these challenges to a discharge do arise, the process may delay the issuance of a discharge order. But generally, these challenges will go forward without significantly delaying your right to receive a discharge from the rest of your debts. Bankruptcy relief can happen very fast and can provide a fresh start for your financial life. The expert bankruptcy lawyers at Bankruptcy Law Center are available to meet with you and to provide a free consultation that will start the process for you.