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What is a Bankruptcy Discharge?

A discharge is the best possible outcome for a debtor filing bankruptcy. Discharge is a legal term meaning that the debtor no longer has to pay certain debts they have incurred prior to filing bankruptcy. A discharge is only possible for certain debts called unsecured debts, meaning debts that are not secured by property owned by the debtor. A discharge is a relief for the debtor provided within the laws of bankruptcy. A fresh start for the debtor is sometimes the only option, and a discharge from the bankruptcy court provides it!

How long will this take?

In a Chapter 7 Bankruptcy, a discharge may be granted in as little as three to five months after filing.

Be aware there are debts that are non-dischargeable in a Chapter 7 Bankruptcy. Here are some examples:

  • Debt for alimony
  • Debt for child support
  • Debts not listed by the debtor in the filing
  • Fines and penalties owed to the government (such as criminal fines, etc)
  • Most student loans
  • Certain personal injury judgments
  • Certain tax claims, etc.
  • Other dischargeable and non-dischargeable debt can be discussed during your FREE CONSULTATION with Fort Lauderdale Bankruptcy Attorney Carmen G. Soto
How can a discharge help me?

Once a debt has been discharged by the Bankruptcy Court a creditor can no longer attempt to collect payments on it. The creditor legally cannot harass the debtor for the payments nor attempt to initiate a lawsuit to collect. There are legal consequences for a creditor that attempts to collect a debt that has been deemed discharged by the Bankruptcy Court.

Client Reviews
Carmen G. Soto, PA and her amazing legal team is Excellent!!!! represented my daughter during divorce and we would absolutely recommend her!! Thank you and GOD BLESS YOU!! Ing. Delgado and Family
Carmen G. Soto, is an excellent attorney. She is very patient, knowledgeable, professional and my favorite.... flexible with payment plans. I was in need of an attorney to secure my sons future, and Carmen with her knowledge and experience provided the support we needed. I can honestly say that as a man/father we never get a fair chance in the courtrooms concerning family matters but Carmen made sure the Court systems saw past that stigma and justice was rightfully served. I would highly recommend Carmen G. Soto and her staff. Anonymous
Never having to use an attorney before, I was quite nervous and skeptical about my first meeting. Carmen Soto, not only made my first experience very comfortable, but was very informative and quite knowledgeable in the field of family law and divorce. She was there every step of the way for me as a support system, and her confidence and expertise made my otherwise very difficult situation, a very positive one. I highly recommend Carmen Soto. She is an excellent and compassionate attorney who clearly outlines all your options and takes a personal interest in your individual situation. Anonymous