Virginia Bankruptcy Law - "When does a bankruptcy discharge occur?"

The average time required to receive a bankruptcy discharge varies according to chapter selected. Chapter 7 discharges for typical consumer cases occur 4 to 6 months after filing a petition. In Chapter 13 cases, discharge of debts that are designated in the plan for partial payment are discharge after plan completion which ranges from 3 to 5 years from first payment. In chapter 11 cases, liquidated portions of debt occur upon the confirmation of the plan by the court. Although both chapter 11 and 13 cases require plan confirmation for reorganization of debts, the actual discharge occurs at different times.

Virginia Bankruptcy Law - Trustees

The discharge in all cases occurs only with court approval after objections filed by creditors and the trustee, if any, are resolved the court. After a court determines that the debtor satisfied all code requirements and resolved all valid objections, a hearing is required for the court to grant discharge. If no objections remain, the may conduct discharge hearings administratively, that is, without the necessity of debtor attendance, and the resulting order granting a bankruptcy discharge is mailed to debtors and/or their attorneys.

Be aware that all options are not available to all debtors. The availability of alternatives depends on several factors. State & federal laws change frequently through the legislative process and through court interpretations. Each debtor presents a unique financial history and assortment of debts. Local rules and customs vary. Nevertheless, all debtors gain the maximum benefit available similarly: careful planning and selection of options before filing.

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