Debt Relief
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Learn More About Bankruptcy & Foreclosure
Frequently Asked Questions
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Bankruptcy is legal process in which a debtor seeks an order of relief from the bankruptcy court. In Layman’s’ terms when someone files bankruptcy, they are asking the court for legal protection from their creditors. This legal protection could be a discharge of debts they are unable to pay or it could be additional time to repay a secured debt. Debtors who pass the means test or do not have a regular source of income are eligible for a discharge under chapter 7 of the bankruptcy code. A discharge is a federal court order that prevents creditors from attempting to collect on a debt. Individuals and Corporations can both file chapter 7 bankruptcy, however only individual debtors can receive a discharge. The most significant issues that arise in chapter 7 bankruptcy cases are the loss of property and the possibility of the court denying your discharge. Very few debtors are denied a discharge by the bankruptcy court.
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A discharge is typically entered toward the end of a bankruptcy case and is an order signed by a Federal Judge. This order states that the person who filed bankruptcy no longer has any obligation to pay certain debts that were included in the bankruptcy.
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Almost all debts are dischargeable. Student loans, most taxes, and Domestic Support Obligations cannot be discharged. As a general rule all other kinds of debts are dischargeable.
