The goal of filing bankruptcy is to get a discharge of your debts. The discharge is the legal determination that your debts are no longer due. Without having to pay all of your past due debts you are now able to save, get caught up on an overdue house payment, or simply have more money to buy groceries and put gas in your car. This type of relief is so helpful to so many, and is the reason to file bankruptcy. When your monthly obligations are eliminated, or reduced, you are able to start fresh with your finances and sleep a little better. So what do you do if you file a case and the discharge is denied?
If you file bankruptcy and the Court denies discharge, you need to know the following things:
- All of the debt you had before you filed your case is due, and most of that debt will now include late fees and accrued interest.
- Creditors are now permitted to call you to collect the debt, and can even file a collections lawsuit against you.
- Money judgments can be entered against you, and the judgment creditor is permitted to take whatever legal actions are available to them to collect the debt, which might include garnishing your wages or bank account.
Discharge is only denied in the most extreme of circumstances, such as providing false or incomplete information to the Court at any time during your case. A couple of other reasons the Court might deny your entire discharge (as opposed to certain debts simply being non-dischargeable, like child support and most student loans) include failing to provide requested paperwork, refusing to abide by a Court order, or failing to take the required debtor education courses. If the issue of denial of discharge comes up in your case, rest assured we will work aggressively to protect your rights. Filing bankruptcy is a difficult decision to make, but when you partner with the right bankruptcy attorney the whole process can become less stressful. Call us today for help.
For more information about bankruptcy, contact us at www.DsouzaLegalGroup.com. We will help by coming up with solutions that help get you back on your feet.