When a bankruptcy case is filed, the ultimate goal is most often to obtain a Discharge Order. A Discharge Order is the order issued by the United States Bankruptcy Court that declares that all of your debts are terminated. A creditor who is subject to a bankruptcy discharge order can never again collect the debt.
There are a number of debts which cannot be discharged. Certain tax debts, most student loans, damages related to an intentional tort judgment, damages for most cases of misrepresentation or fraud, etc. cannot be discharged. The list of these debts is of course longer than these examples, but a competent lawyer will go over your debts at the initial office consultation. If any debts cannot be discharged, the lawyer should be able to advise you accordingly.
There are some debts which have not been legally determined by a court judgment. The nature of the claim may be subject to different interpretations. A creditor, and sometimes the debtor, may have to file a lawsuit in bankruptcy court to obtain an order as to whether the debt can be discharged. This is called an “adversary case.” Again, a lawyer should be able to discuss these issues with you and work with you as to any strategy to approach non-dischargeable debts.
At Ryan Legal Services, Inc., we have the knowledge and experience to advise you on whether any of your debts cannot be discharged. We represent clients in Chapter 7 and Chapter 13 bankruptcy matters in Baldwin, Mobile and Washington Counties.
Kevin Ryan is an experienced bankruptcy lawyer who will be there for you. Call us to set up a free telephone or office consultation.