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.

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