|
|
The fundamental goal of the federal bankruptcy laws enacted by Congress is to give debtors a financial "fresh
start" from burdensome debts. The Supreme Court made this point about the purpose of the bankruptcy law in a 1934 decision: [I]t
gives to the honest but unfortunate debtor…a new opportunity in life and a clear field for future effort, unhampered
by the pressure and discouragement of preexisting debt. Local
Loan Co. v. Hunt, 292 U.S. 234, 244 (1934). This goal is accomplished through the bankruptcy discharge, which releases debtors
from personal liability from specific debts and prohibits creditors from ever taking any action against the debtor to collect
those debts. This publication describes the bankruptcy discharge in a question and answer format, discussing the timing of
the discharge, the scope of the discharge (what debts are discharged and what debts are not discharged), objections to discharge,
and revocation of the discharge. It also describes what a debtor can do if a creditor attempts to collect a discharged debt
after the bankruptcy case is concluded.
|