Home -> Law Blog Directory -> Bankruptcy Blogs -> Arizona Bankruptcy Attorney Blog
(866) 635-2689 for Personal Injury or (866) 635-9402 for Criminal Defense
Find a Local Lawyer
Divorce (866) 635-6190
Personal Injury (866) 635-2689
Criminal Defense (866) 635-9402
Bankruptcy
: Arizona Bankruptcy Attorney BlogCongratulations on Receiving Your Discharge! No, Your Chapter 7 Case isn't over yet!
By Joseph McDaniel, Esq.
When debtors, even very intelligent debtors, receive their long-awaited Discharge Order from the U.S. Bankruptcy Court for the District of Arizona, it's pretty normal for them to breathe a sigh of relief and say, "Whew! Now THAT'S over!"
And, of course, they're wrong.
And, of course, that's why I'm writing this post.
The Discharge is a permanent injunction (a permanent Court Order) that indicates that creditors who have been discharged are forbidden by the Bankruptcy Court to pursue collection activities against the debtor in connection with the debtor's personal liability.
On the other hand, it doesn't apply to debts that were not discharged, like most tax debts, and child support, and alimony, and debts incurred by getting drunk and squashing people, and student loans, and so on.
There are exceptions to those rules (for instance, if you're on a heart-lung machine, and don't have a head, you MIGHT get a discharge from your student loans. If you file the right papers. On a timely basis. In front of the right Bankruptcy Judge. With a tailwind).
By the same token, the Discharge Order doesn't affect properly-perfected liens, which survive the bankruptcy process, so that if you don't keep making payments on your car, eventually (and sooner rather than later) Big Lou will put the Hook to the Bumper, and away it will go! And then there are judgment liens, and you MUST tell your bankruptcy lawyer about those so he can take special action to scrape them off, or they will survive your bankruptcy, and when you go to sell your house, there they are!
And if you don't make payments on your homesteaded house, which the bankruptcy trustee didn't want to take away from you because the equity was within the homestead exemption in Arizona, the bank will run a trustee's sale, and 90 days later, you need to be elsewhere.
BUT YOUR BANKRUPTCY ISN'T CLOSED YET, even though you got a Discharge Order!
So tell your Arizona bankruptcy lawyer when you move, so he or she can get your change of address form into the Court.
So if the Trustee wants to know about the antique hookah that you listed, and tries to contact you, she can find you!
Otherwise, it gets ugly. Really ugly.
SUMMARY: there are two timelines in a Chapter 7 consumer bankruptcy case. One timeline leads the debtor to a Discharge, which is the major reason most debtors file. One timeline relates to how long it takes the Trustee to collect non-exempt assets (if any), sell them, work the proofs of claim, and file a closing report, which is a two or three YEAR process.
Most debtors don't know beans about what happens in their case after they receive their discharge, because not a lot is going on. But a debtor MUST keep counsel informed of their contact information, so change of address forms can be filed.
Because I've looked at exemptions all over the country, and the antique hookah is fair game for the Trustee, and if she wants it, make sure that she can reach you to collect it and sell it.
Otherwise you have an angry, cranky or irritable trustee on your hands, and nobody wants that.
Really.
Full post as published by Arizona Bankruptcy Attorney Blog on July 08, 2009 (boomark / email).
How to Stop Home Foreclosure
Bankruptcy can Stop Foreclosure
Constructive Discharge
How intolerable conditions can yield claims for constructive discharge
Unlawful Retaliation for Sexual Harassment Claim
Title VII retaliatory discharge retaliation requires proof of participation in protected activities
Colon Cancer Patients May Not Be Receiving Proper Care
Chocolate Discharge
G.K.I. Foods agrees to $43,000 settlement after disposing production waste water into a sanitary waste water system.
IT Personnel Overtime
alleging IT personnel are not receiving the overtime pay they are due.
Cipro
The FDA is seeking to add black box warnings of the risk of tendon rupture associated with Cipro and Levaquin.
The ruptures can involve Achilles tendon, shoulder, hand, bicep or thumb tendons, and is especially increased in patients older than 60, or people who have received kidney, heart or lung transplants, as well as people on steroid therapy...
Gleevec
Possible Case of Kidney Damage Reported
Hampton Inn
Third Case of Legionnaires' Disease Linked to McHenry Hampton Inn Hot Tub

Ask For A Discharge After Making Last Chapter 13 Payment
If I File Chapter 7, Will I Get a Discharge
Chapter 20: San Diego Bankruptcy Court allows Lien Stripping in Chapter 13 after Chapter 7.
First Circuit BAP on Time Between Chapter 13 Discharges







