Filing for bankruptcy has a bad reputation in many circles due to the fact that it damages your credit and
involves discharging debts that will likely never be repaid.
Not exact matches
Cancellation Loan cancellation ends the obligation to repay the
debt and typically
involves the
discharge or forgiveness of the loan balance (including any accrued but unpaid interest).
While both
discharge and forgiveness
involve cancellation of the remaining
debt,
discharges usually occur for circumstances beyond the borrower's control and forgiveness for circumstances within the borrower's control.
In order for your
debts to be
discharged once you have filed for bankruptcy, you will be required to complete certain duties, which in some cases
involves making surplus income payments.
But because Chapter 13
involves a reorganization of your finances rather than a
discharge of
debts, it is the Plan payment that gets allocated first to any arrears due on a secured
debt before anyone else gets paid.
Creditors are keenly aware of the rules and regulations
involved with bankruptcy so that is why there should be zero tolerance for any attempts to collect on your
debts even after the filing process is complete and you receive your
discharge.
He has significant experience representing parties in bankruptcy adversary proceedings
involving objections to
discharge, dischargeability of
debts, fraudulent transfers, and related bankruptcy litigation, as well as in handling matters
involving contract disputes, corporate disputes, business torts, real estate and foreclosure.
Chapter 7 — Chapter 7
involves getting rid of your
debts through a process known as a
discharge.
The first two cases each
involved a driver with an outstanding
debt imposed under provincial legislation; each subsequently declared, and was
discharged in, bankruptcy.
After reviewing the structure and policy behind the BIA, including the fact that there are some legislated exemptions to its application, the Court found that the proper interpretation of the BIA
involves accepting the principle that every
debt is encompassed by the bankruptcy, and — upon
discharge — the bankrupt is released from all of them unless an exemption or exclusion clearly applies.
In fact, the only account we found where law loan
debt was
discharged in bankruptcy was here, and
involved a student who had failed the bar exam three times and a retiring judge who openly defied the District Court that remanded his decision.
Bankruptcy Attorney Anthony Hughes has been
involved in over 5,000 bankruptcy cases which have resulted in
discharges of millions of dollars of
debt.
Chapter 13 allows a consumer more time to repay their
debts through restructuring, whereas a chapter 7
involves a liquidation of a debtor's assets and then a distribution of the recovered amount to the debtor's creditors, with the remainder of the
debts being
discharged forever.