Commercial Bankruptcy:

Getting a Discharge

A bankruptcy discharge releases the debtor from personal liability for specified types of debts. The debtor is no longer legally required to pay any debts that are discharged. The discharge is a permanent order which prohibits the individual's creditors from taking any form of collection action on discharged debts. This includes legal action and any communications with the debtor, (telephone calls, letters, personal contacts).

A bankruptcy judge is the only person who can make the decision whether or not to grant an individual a discharge. The trustee or a creditor files an adversary proceeding asking the court to deny discharge, but the trustee does not have the ability to make the decision.

Generally only a recent bankruptcy discharge, hiding assets or lying in connection with your bankruptcy case will result in your discharge being denied.

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