Filing for bankruptcy in the state of Arizona is messy. The end of the process seems to be nowhere near. Your bankruptcy lawyer becomes part of your life for the next few months, or years, depending how severe the case might be. Then, during court or your attorney mentions your case was discharge, the end is now right in front of you. Little do you know, that a discharge is only the beginning of the end. When one hears a legal case was discharge, that person believes that the case was dismiss, let go, over or close. That is incorrect. There is a difference between between a discharge and a case closure. My Arizona Lawyers will explain and simplify what the distinctions are.
A Discharge Bankruptcy Case
What is a discharge in bankruptcy? The following is an explanation from the United States Courts’ website:
“A bankruptcy discharge releases the debtor from personal liability for certain specified types of debts. In other words, the debtor is no longer legally required to pay any debts that are discharged. The discharge is a permanent order prohibiting the creditors of the debtor from taking any form of collection action on discharged debts, including legal action and communications with the debtor, such as telephone calls, letters, and personal contacts.
Although a debtor is not personally liable for discharged debts, a valid lien (i.e., a charge upon specific property to secure payment of a debt) that has not been avoided (i.e., made unenforceable) in the bankruptcy case will remain after the bankruptcy case. Therefore, a secured creditor may enforce the lien to recover the property secured by the lien.”
We believe that the explanation above is clear, but we will break it up for you. Basically, a discharge declares that the debtor is not legally required to pay any debts that were discharge in court or through an attorney. Also,you will not be fully relief you from all your debts. However, the debts that were discharge, the creditors will stop taking any form of collection action on the discharge debts. That means no more phone calls or letters from the creditors. The discharge only focuses on debts, not a bankruptcy trustee. You need to have that very clear. A bankruptcy trustee will still be sending you a demand letters. Talk with your bankruptcy lawyer in Mesa, and learn about your best options on how to get that trustee situated before the case closure.
Bankruptcy Case Closure
A case closure simply means that the court’s involvement with the case is done. The court’s involvement is typically not longer needed after all applicable deadlines for objections have passed and the case trustee has submitted a report indicating his work is complete. As the debtor, you need to understand that the discharge will not get rid of the trustee. You will be required to address with all the requests from the trustee until the case closure. Basically, the purpose of a bankruptcy case closure is to declare that you, as a debtor, have met the request that the trustee ask for. Have constant communication with your bankruptcy attorney in Mesa to concluded with a case closure as soon as possible.
If you believe you need to claim bankruptcy in the state of Arizona, you the guidance of a bankruptcy lawyer. The bankruptcy laws are similar and yet distinct in every state. This is one of the reasons why you need an attorney to guide through the process in the state of Arizona. Again, claiming bankruptcy is messy and have negative effects on your credit report. If you want the case to end in the best case scenario, contacting a bankruptcy lawyer is that best form of action.
The attorneys at My Arizona Lawyers have the knowledge and expertise to help with your case. Each bankruptcy lawyer at My Arizona Lawyers have the experience in helping clients get debt relief. That can be through a Chapter 7 or Chapter 13 filing, based on the case. What are you waiting for? Call us at 480-833-8000, and we will help you reclaim your finances.