e., a charge upon particular property to secure payment of a debt) that has not been prevented (i. e., made unenforceable) in the personal bankruptcy case will stay after the insolvency case. Therefore, a protected creditor may enforce the lien to recover the property secured by the lien. When does the discharge occur? The timing of the discharge differs, depending upon the chapter under which the case is filed.
Normally, this happens about 4 months after the date the debtor files the petition with the clerk of the insolvency court. In private chapter 11 cases, and in cases under chapter 12 (adjustment of debts of a family farmer or angler) and 13 (modification of financial obligations of a private with routine earnings), the court generally grants the discharge as quickly as practicable after the debtor finishes all payments under the strategy.
The court may deny a specific debtor's discharge in a chapter 7 or 13 case if the debtor fails to finish "an educational course worrying financial management." The Bankruptcy Code supplies limited exceptions to the "monetary management" requirement if the U.S. trustee or bankruptcy administrator figures out there are insufficient curricula available, or if the debtor is handicapped or incapacitated or on active military duty in a battle zone.
The Federal Guidelines of Insolvency Treatment offer the clerk of the insolvency court to send by mail a copy of the order of discharge to all creditors, the U.S. trustee, the trustee in the case, and the trustee's lawyer, if any. The debtor and the debtor's lawyer also receive copies of the discharge order.
e., not covered by the discharge. Reference informs creditors typically that the debts owed to them have actually been discharged and that they ought to not try any additional collection. They are cautioned in the notification that continuing collection efforts could subject them to penalty for contempt. Any unintended failure on the part of the clerk to send out the debtor or any creditor a copy of the discharge order promptly within the time needed by the rules does not impact the validity of the order giving the discharge.
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