BANKRUPTCY

DISCHARGE

  • One of the main reasons to file bankruptcy is to obtain a "discharge."
  • A discharge is a court order stating that you no longer have to pay most of your debts.
  • The discharge will only apply to debts incurred prior to the date the petition is filed.
  • Examples of debts that cannot be discharged in bankruptcy are:
    • Most taxes
    • Child Support
    • Alimony
    • Most Student Loans
    • Court Fines and Criminal Restitution
    • Personal Injury Damages caused by driving drunk or while under the influence of illegal drugs

THE BANKRUPTCY STAY

  • Another benefit of filing a bankruptcy petition is the bankruptcy STAY of 11 U.S.C. § 362.
  • The Bankruptcy Stay does just what it says - by federal law it STAYS (stops for the time being) all:
    • Foreclosure proceedings
    • Collections efforts including law suits and garnishments
    • Repossessions of vehicles
    • Telephone calls from creditors
  • Why is this important?
  • Because if you file a bankruptcy case BEFORE your foreclosure, BEFORE your court date, BEFORE the return date on your garnishment summons, etc., you can STAY those events and prevent them from taking place.

Alexandria, VA

122 N Alfred Street
Alexandria, VA 22314
703 838.9004


Fredericksburg, VA

6316 Five Mile Center Suite #300
Fredericksburg, VA 22407
540.785.0010
By Appointment Only


Riverdale Park, MD

6801 Kenilworth Ave. Suite 120
Riverdale Park, MD 20737
301.843.3500
By Appointment Only
(parking in rear of building)


Washington DC

202.347.5300
6801 Kenilworth Ave. Suite 120
Riverdale Park, MD 20737
301.843.3500

122 N Alfred Street
Alexandria, VA 22314
703 838.9004
Andrews Law Firm offers two office locations in Washington D.C.