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.

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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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