Overview
The Law Office of Howard L. Hibbard is regularly retained by bankruptcy attorneys to assist their clients with specific issues that arise with regard to the dischargeability of specific debts. Further, in some instances Creditors of discharged debts continue to attempt to collect the debt after it is discharged. Our office assists clients in two main areas: (1) obtaining discharges of specific debts and responding to objections from Creditors, and (2) obtaining orders and sanctions against Creditors who attempt to collect discharged debts in violation of Court orders. To arrange a free consultation with one of our attorneys to discuss the dichargability of specific debts in your bankruptcy or to discuss the options for stopping a Creditor’s collection attempts following discharge, contact us for a free consultation.
General Information
One of the primary reasons for filing a Bankruptcy is to obtain a discharge of debts. Discharge means that the Debtor is no longer obligated to repay the debt. Certain types of debts are regularly discharged in Bankruptcy. Creditors with debts that have been discharged are permanently prohibited from taking actions to collect the Debt including legal actions, phone call, letters or e-mails. For general information regarding the discharge of debts, you may visit the United States Courts website page: Discharge in Bankruptcy.
Discharge of Debt by Motion
Some debts may only be discharged by specific motion to the Court. Our office specializes in these types of motions. For example, Creditors who hold a debt that is secured by personal or real property (a car loan for example), may enforce a lien to recover the property secured by the lien. A second example of a debt which must be specifically discharged by motion is a Second or Third Mortgage on real property. Please refer to the Lien Strip Motions section herein for a further discussion on that specific topic.
Non-Dischargeable Debts
Finally, certain types of debts cannot be discharged. In chapter 7, 11, and 12 bankruptcies, nineteen (19) categories of debts are excepted from discharge. In Chapter 13 bankruptcies, the exceptions are more limited. Examples of debts that cannot be discharged include, but are not limited to: tax obligations, spousal or child support orders, judgments for willful and malicious injuries to person or property, and government funded or guaranteed educational loans. Please contact us for a free consultation if you have a question regarding the dischargeability of your debts.