Legal Question in Bankruptcy in Virginia
bankrupcy discharge
why does it take three to six months to get a bankrupcy discharge.
1 Answer from Attorneys
Re: bankrupcy discharge
Why so long, or so short? A bankruptcy discharge is an extraordinary remedy and privilege, as it allows someone to walk away from their debts. It's a tradeoff - the debtor makes full disclosure of their financial situation, turns over any non-exempt assets, and the honest but unfortunate debtor receives a discharge. The time it takes is to allow the trustee and creditors time to review the filings and make sure that the debtor did make full, honest, disclosure; that s/he cooperates in the bankruptcy process; and did not engage in misconduct sufficient to deny the discharge, and that certain debts were not incurred under circumstances that would except them from discharge. Keep in mind that in many countries, a bankruptcy discharge is not even available, or is available only after a much longer time in bankruptcy.
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