The Difference Between A Dismissed Bankruptcy Case And A Discharge
A bankruptcy case can end in one of two ways, and if you are planning on using bankruptcy, it is important for you to know what these are and the differences between them. One ending to a bankruptcy case can be a discharge while the other ending is a dismissal of the case. Here are some things you should understand about these two potential options.
A discharge is the preferred ending
While a case can end in either a discharge or a dismissal, getting a discharge is the preferred ending to a case. A discharge is what you receive from the court that offers you debt forgiveness. A discharge eliminates debts you have because it is a court order that states you are no longer responsible for these debts, due to filing for bankruptcy. You will not receive a discharge in your case right away as it takes time for the court to process your case and verify all your information, but you could receive one within six months of filing for Chapter 7 or within three years of filing for Chapter 13.
A dismissal offers you no relief from your debts
If your case ends in a dismissal, it means that the court is basically dropping your case and you will receive no relief from your debts. Courts dismiss cases for a variety of reasons, including fraud and a failure to submit documents that the court asks for. The court can also dismiss your case if they find that you are not eligible for the branch you filed under or if they find that you already filed a case in the past and do not currently meet the waiting periods.
How to ensure you get a discharge and not a dismissal
If you end up with a dismissed case, it means that you just wasted your time and money on your case. Because of this, you should do everything you can to make sure this does not happen. The main thing you should do is be honest with your information. Secondly, make sure you do everything your lawyer says. Finally, make sure you choose a good lawyer that can help you work through your case.
You should hire a good chapter 13 bankruptcy attorney to assist you in your case and follow all the instructions they give you. If you have questions or want to file, talk to a bankruptcy lawyer today.