Exceptions to Discharge
In our previous article, unsecured debt, we spoke of exceptions to discharge, i.e. an exception to the debt being able to be completely wiped out. In this article we will quickly go over this topic. The first requirements to obtain a discharge are disclosure and cooperation. Congress is willing to give an honest debtor a fresh start in exchange for complete disclosure. The documents filed with the Bankruptcy Court are signed under the penalty of perjury, and they require an honest and diligent effort to supply the information requested in the preliminary papers, as well as to the trustee (or United States Trustee) who is appointed to your case. Debtors are also required to make a reasonable attempt to maintain records, and explain any loss of assets in the recent past. Attempts to deceive a trustee or creditors by intentionally concealing or failing to disclose assets or financial records are grounds to deny a discharge in total.
So as we can see, the court system will work with us, as long as we provide complete disclosure and honesty to the legal system. While this may be a difficult time you are going through we are always here to help, and know just the right questions to ask to help you provide all the needed information. Helping our clients is of the utmost importance to us, and we want to deliver to them the best legal counsel we can provide. The exceptions to discharge rules will always apply, but we will work diligently to make sure our clients are informed, so as to not run into any further hiccups throughout the bankruptcy process. Do not be confused or scared about contacting us and getting started today! The first step in the process is to call our office and have a consultation. From there we can help you best to determine the next steps to be taken.
Remember if you have any questions on Exceptions to Discharge please contact our office below:
By: Joel S. Treuhaft, Esquire