Monday, April 2, 2012

What is a discharge in bankruptcy?

A bankruptcy discharge releases the debtor from personal liability for certain debts. The discharge is a permanent order prohibiting the creditors of the debtor from taking any form of collection action on discharged debts.  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 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.

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