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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