Virginia Bankruptcy Law - "How can I get a discharge?"
A federal presumption favors debtors and discharge. In uncontested cases, the
discharge is automatic. In contested cases in which objections or adversary
proceedings are filed, the debtor retains the favorable presumption. Discharge is
withheld only upon a 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,
and trustee's attorneys. The debtor and their attorney, if any, also receive
copies.
Virginia Bankruptcy Law
Notice of discharge is rather generic. The order mailed to interested parties
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.
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.
Back to Virginia Bankruptcy Lawyer FAQs content page.
|
|
