Florida Bankruptcy Lawyer FAQ - "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.

Florida Bankruptcy Lawyers - Tips

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 the application of law to each individual is unique. Depending upon personal assets, liabilities, and financial history, all benefits may not be available. The most successful debtors retain Florida bankruptcy lawyers and plan well in advance. Through planning, with the assistance of qualified Florida bankruptcy lawyer, optimal timing, selective payments, and exemptions are most likely to be achieved without question.

Back to Florida Bankruptcy Lawyers FAQ table of contents.