ABI Commission on Consumer Bankruptcy – Remedies for Discharge Violation

By Henry E. Hildebrand, III, Chapter 13 Trustee (Nashville, TN)

One of the principle goals of a consumer that chooses to file bankruptcy is to obtain a discharge under § 524. Despite its importance, however, there is much more legal discussion on the logistics and the process of automatic stay under § 362 that is in existence during the pendency of the case than the discharge injunction which replaces the automatic stay when a debtor receives a discharge.

Section 524 outlines the scope and extent of the discharge injunction. The Code simply states that a discharge voids any judgment and . . .

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To pay present value to a secured creditor, a reorganization plan may start with a treasury rate and add a risk factor and need not start with a prime rate plus a risk factor.

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By Margaret A. Burks, Chapter 13 Standing Trustee for the Southern District of Ohio (Cincinnati) Chapter 13 works. Some people wish to continually criticize Chapter 13. They criticize the success rate. They criticize racial bias. They criticize how Chapter 13 works. They also criticize the fact that Chapter 13 appears less voluntary than it was before access to Chapter 7...

ABI Commission on Consumer Bankruptcy – Remedies for Discharge Violation

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Related Articles

Passing of Affable, Humanitarian Trustee

The Extent of 362(c)(3)’s Stay Termination: Bankruptcy Court Adds an Argument to the Debate

Escrow 102 – Part 1 of 4

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Expiration of Debt Limits

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One Woman’s Opinion

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