Under a bankruptcy discharge in Florida, a debtor may not be personally liable for certain debts that they owe. The discharge bars creditors from taking any step to collect the debt. Thus, the creditor may not sue the debtor or conduct any form of communication with the debtor. Telephone calls, emails, or requests for personal meetings may violate the bankruptcy discharge law.
According to the United States Courts, the chapter invoked when filing the case determines the duration of the discharge. The most common duration of the discharge may be four months from the date the bankruptcy court’s clerk receives the petition. Individual Chapter 11, 12 and 13 dictates that the courts may issue a discharge as soon as the debtor clears all debts stipulated under the repayment plan. Chapter 12 and chapter 13 gives debtors three to five years to complete their payments. Based on this provision, courts may issue a discharge four years after a petition is filled.
If a debtor fails to complete some of the payments as planned, their discharge application may stumble. There are very few exceptions to this provision. The exceptions may apply if the debtor is incapacitated, becomes disabled or is deployed to a military combat mission. The discharge is usually automatic, unless subsequent litigation concerning the discharge is filled. All involved parties in the bankruptcy case, including the US trustee, have the right to view copies of the discharge. The copies are essentially notices to the creditors, and warning them to avoid further contact with the debtor.
This information is for general educational use.