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Texas Bankruptcy Lawyers - "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 by opposing lawyers, 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 lawyers. The debtor and the debtor's lawyer, if any, also receive
copies.
Texas Bankruptcy Lawyers in Practice
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 or the
debtors lawyer fail to receive a copy of
the order granting relief, the discharge nevertheless remains effective.
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.
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