Arizona Bankruptcy Law - "When does a bankruptcy discharge occur?"
The average time required to receive a bankruptcy discharge varies according to
chapter selected. Chapter 7 discharges for typical consumer cases
occur 4 to 6 months after filing a petition. In Chapter 13 cases, discharge of
debts that are designated in the plan for partial payment are discharge after plan
completion which ranges from 3 to 5 years from first payment. In chapter 11 cases,
liquidated portions of debt occur upon the confirmation of the plan by the court.
Although both chapter 11 and 13 cases require plan confirmation for
reorganization of debts, the actual discharge occurs at different times.
Arizona Bankruptcy Law - Trustees
The discharge in all cases occurs only with court approval after objections filed by creditors and
the trustee, if any, are resolved the court. After a court determines that the
debtor satisfied all code requirements and resolved all valid objections, a
hearing is required for the court to grant discharge. If no objections remain, the
may conduct discharge hearings administratively, that is, without the necessity
of debtor attendance, and the resulting order granting a
bankruptcy discharge is mailed to debtors and/or their attorneys.
The Federal process of filing necessarily incorporates state law requirements. These state law requirements are
set forth in statutes, rules and case law opinions which frequently alter the operation of law. As a result of
these precedents, Arizona bankruptcy cases are unique to the state, as well as unique to each individual who
files. All alternatives provided by law may not be available because of differing individual financial histories
or prior case filings.
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