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Chapter 9 - § 9.16 • DISCHARGE
Jurisdiction | Colorado |
§ 9.16 • DISCHARGE
An individual's goal in filing a bankruptcy petition is usually to receive a discharge. A discharge is a bankruptcy court order that prohibits creditors from taking any action to collect on a discharged debt from a debtor personally. In essence, the discharge replaces the automatic stay in barring creditors from suing, garnishing wages, asserting a deficiency, or taking any other action to collect on a pre-petition debt of the debtor. 11 U.S.C. § 524(a)(2). Creditors who take collection actions in violation of a discharge order may be required to pay a debtor's damages and attorney fees as a result. Paul v. Iglehart (In re Paul), 534 F.3d 1303 (10th Cir. 2008).
A discharge does not, however, affect a security interest or lien on property. Accordingly, a creditor still has the right to foreclose a home mortgage or repossess an automobile. The creditor is prohibited, however, from pursuing any deficiency personally against the debtor.
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- Chapter 9 When Dirt Goes To Bankruptcy Court
- Chapter 9 - CHAPTER 9 WHEN DIRT GOES TO BANKRUPTCY COURT
- Chapter 9 - § 9.1 • INTERPLAY BETWEEN FEDERAL AND STATE LAW
- Chapter 9 - § 9.2 • TYPES OF BANKRUPTCY CASES
- Chapter 9 - § 9.3 • THE TRUSTEES AND THEIR ROLES IN 7, 12, AND 13
- Chapter 9 - § 9.4 • INTERNAL RESPONSES TO A BANKRUPTCY FILING
- Chapter 9 - § 9.5 • PROPERTY OF THE ESTATE
- Chapter 9 - § 9.6 • IMMEDIATE EFFECT OF BANKRUPTCY FILING — THE AUTOMATIC STAY
- Chapter 9 - § 9.7 • FIRST MEETINGS OF CREDITORS — 11 U.S.C. § 341
- Chapter 9 - § 9.8 • TURNOVER OF PROPERTY BY A CUSTODIAN OR RECEIVER
- Chapter 9 - § 9.9 • CLAIMS
- Chapter 9 - § 9.10 • LEASES
- Chapter 9 - § 9.11 • USE, SALE, OR LEASE OF PROPERTY
- Chapter 9 - § 9.12 • ASSIGNMENT OF RENTS
- Chapter 9 - § 9.13 • PROTECTIONS FOR PURCHASERS IN POSSESSION OF REAL PROPERTY UNDER EXECUTORY CONTRACTS
- Chapter 9 - § 9.14 • CHAPTER 11 ISSUES
- Chapter 9 - § 9.15 • EFFECT OF DISMISSAL OF A BANKRUPTCY CASE
- Chapter 9 - § 9.16 • DISCHARGE
- Chapter 9 - § 9.17 • AVOIDANCE ACTIONS
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