A “Discharge” in bankruptcy specifies that a debtor is released form his personal liability in case of some specified debts. In other words it can be simply said that a debtor is no longer required to pay for the debts for which he is discharged from the court of law or any other law prevalent in the country. The discharge is a permanent order from the court of the law prohibiting the creditor of a debtor from taking any form of action or communication from him (his debtor) in any way to recover any amount of money. A discharge may release a debtor from his personal liability but a secured creditor can obviously enforce his lien on the property to recover from the property secured in lien.
The discharge in bankruptcy depends on various factors such one of which the type of case a debtor files of discharge i.e. Chapter 7, 11, 12, or 13. The timing for discharge too depends on the type of case filled by the debtor.
The debtor will automatically get discharged until and unless there is a litigation involving objection to the discharge. As per the Federal Rules of Bankruptcy the communication of the discharge should be sent to all creditors, the U.S. trustee, the trustee in the case, and the trustee's attorney, debtor, and the debtors attorney. All the parties concerned are informed about the discharge of all the dues from the debtor and cautioned the creditors via notice that continuing collection efforts could subject them to punishment for contempt.
The discharge in bankruptcy depends on various factors such one of which the type of case a debtor files of discharge i.e. Chapter 7, 11, 12, or 13. The timing for discharge too depends on the type of case filled by the debtor.
The debtor will automatically get discharged until and unless there is a litigation involving objection to the discharge. As per the Federal Rules of Bankruptcy the communication of the discharge should be sent to all creditors, the U.S. trustee, the trustee in the case, and the trustee's attorney, debtor, and the debtors attorney. All the parties concerned are informed about the discharge of all the dues from the debtor and cautioned the creditors via notice that continuing collection efforts could subject them to punishment for contempt.
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