LITIGATING DISCHARGE VIOLATIONS

The Discharge is the final result that most people who file bankruptcy hope to achieve. The applicable definition of “discharge” is to release from debt. The word comes from dis- “do the opposite of” and carrus “two-wheeled wagon,” so it literally means to remove passengers or cargo from a vehicle.  In bankruptcy, the Discharge is a court order which voids any judgment …

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Ask a bankruptcy lawyer: Can bankruptcy restructure my mortgage?

QUESTION: CAN A RESIDENTIAL MORTGAGE BE RESTRUCTURED BY A BANKRUPTCY? ANSWER: Yes and no, depending on what restructuring you want. A Chapter 7 bankruptcy is not going to change, restructure, or resolve unpaid mortgage payments. This type of bankruptcy is geared more towards handling unsecured debts, meaning those debts that do not have an asset …

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