|
Texas Bankruptcy Lawyers - "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.
Opposing lawyers may object at any time and delay the process. Although both chapter 11 and 13 cases require plan confirmation for
reorganization of debts, the actual discharge occurs at different times.
Texas Bankruptcy Lawyers & Trustees
The discharge in all cases occurs only with court approval after objections filed by creditors, their lawyers 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 filed lawyers or parties in interest, 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 lawyers.
All debtors and their attorneys have questions about current laws.
Board certified consumer bankruptcy specialists in Texas refer to the
Code regularly, as well as review slip opinions of new case decisions as
they become available. The process is organic, in that the law,
benefits, rights and duties of debtors changes in response to the
current political environment, and in turn, require a constantly
changing approach in court to gain favor. Also be aware, each debtor and
their attorney are responsible for legal compliance with all Texas
bankruptcy laws regardless of actual knowledge of recent changes. For
this reason, debtors filing pro se seldom achieve the results as
favorable as debtors who are represented by a qualified consumer
specialists who is familiar with current changes and requirements.
Back to Texas Bankruptcy Lawyer FAQ
|
