Winter Park Debt Discharge Attorney
Resolving Bankruptcy Matters in Greater Orlando Since 1990
If you are considering filing for bankruptcy, you are going to want to understand how bankruptcy discharge works and what it can and cannot do for your debt. At Richard A. Heller, P.A., our Winter Park bankruptcy attorneys have nearly 60 years of combined experience, we have an A+ accreditation from the Better Business Bureau, a top Superb Rating from AVVO, and a Distinguished Rating by Martindale-Hubbell®, a nationwide attorney rating service. If you are searching for an experienced attorney to handle your case, you have come to the right place.
What is the Bankruptcy Discharge?
The bankruptcy discharge releases the debtor from personal liability for certain types of debts. This means that once a debt has been discharged or "wiped out," the debtor is no longer required to pay that debt. What's more, the discharge itself acts as a permanent order that prohibits creditors from taking any form of debt collection action on discharged debts.
This means a creditor cannot commence or continue taking any legal actions, nor any communications with the debtor in the form of letters, phone calls, or emails etc.
When will the discharge occur? The timing on a discharge varies depending upon which Chapter of bankruptcy the debtor files under. In Chapter 7 case, the discharge is usually granted very quickly and about 60 days following the 341 meeting. Since Chapter 13 provides for a repayment plan over the course of 3 to 5 years, the discharge typically occurs around 4 years of filing.
Not all debts can be discharged. Generally, the exceptions to a discharge (debts that cannot be discharged) include:
- Child Support
- Certain Tax Obligations
- Student Loans
- Victim Restitution
- Court Ordered Fines
In Chapter 7 cases, a discharge may be denied if the debtor fails to produce the required tax documents, or if they fail to complete a course on financial management, or if they attempt to defraud creditors. With Chapter 13 cases, the case is usually discharged once the debtor has completed all of their payments under the repayment plan.
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Spanish Services AvailableSe habla español! We offer our services in both English and Spanish.
ExperienceWith nearly 60 years of combined experience, our team of attorneys has the knowledge to handle your estate planning, family law, or elder law matters with efficiency and skill.