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Bankruptcy Law

What Happens If My Bankruptcy Case Is Not Dismissed?

Bankruptcy Law That's OK! You don't want your case to be dismissed.  What bankruptcy filers typically seek is called a "discharge" of their case and its associated debts.  There are big differences between a dismissal and a discharge. 

Dismissal: If your bankruptcy case is dismissed, then your case if effectively over and you cannot receive the benefits of a bankruptcy, including forgiven credit card debts.  Dismissed bankruptcies are rare.  Common reasons for a dismissed bankruptcy range from paperwork errors to deliberate acts of fraud, such as hiding assets. If your bankruptcy is dismissed, you may be allowed to file again as long as fraud was not committed. However, you'll repay any court fees associated with filing bankruptcy and also likely have to start over your paperwork.

Discharge:  If your bankruptcy case is discharged, it permanently forgives all eligible debts.  Once you have a discharge, creditors can never again legally contact you to pursue debt collection.  Some debts cannot be discharged in any bankruptcy case, including child support, alimony, most back taxes, court fines and government-issued student loans.

Are you in over your head in debt? Are creditors calling you day and night? Make sure to speak to Jacoby & Jacoby either online or call us at 631-289-4600 to schedule a FREE consultation.  We can review your individual situation and go over all your options.  


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