What happens when I
file a chapter 7 bankruptcy?
According to the federal bankruptcy statute,
a discharge is an emancipation of the debtor from individual
liability for a selection of specific categories of debts. Put
differently, the debtor is no longer required by law to pay any
debts that are discharged. The discharge functions as a
permanent order aimed at the creditors of the debtor that they
desist from taking any form of collection proceedings on
discharged debts, including legal action and contacts with the
debtor, such as telephone calls, letters, and personal
contacts. While a debtor is relieved of personal legal
responsibility for all debts that are discharged, a legitimate
lien (i.e., a charge upon particular property to secure payment
of a debt) that has not been avoided (i.e., made unenforceable)
in the bankruptcy case will continue
after the bankruptcy case. Consequently, a secured creditor may
implement the lien to recoup the property secured by the
lien.
Go Back To
FAQ
Fill out the form below for a
free bankruptcy case evaluation right
now.
|