Colorado Bankruptcy Lawyers - "How can I get a discharge?"

A federal presumption favors debtors and their bankruptcy lawyers when seeking discharge. In uncontested cases, the discharge is automatic. In contested cases in which objections or adversary proceedings are filed by opposing bankruptcy lawyers, the debtor retains the favorable presumption. Discharge is withheld only upon a court finding, supported by credible evidence, that the debtor is not entitled to receive relief. The Federal Rules of Bankruptcy Procedure require bankruptcy clerks to mail copies of discharge orders to creditors, trustees, and their respective bankruptcy lawyers. Debtors and their bankruptcy lawyers ordinarily receive copies by mail.

Colorado Bankruptcy Law

Notice of discharge is rather generic. The order mailed to interested parties does not identify the specific debts that are eliminated or debts found to be nondischargeable. To prove a specific debt was discharged, a debtor or their bankruptcy lawyer must have both the discharge order and associated schedules, bearing a court file stamp, to identify the debt. If, for any reason, a debtor fails to receive a copy of the order granting relief, the discharge nevertheless remains effective.

For maximum benefit, most debtors interview several bankruptcy lawyers before committing to any course of action. Interviewing bankruptcy lawyers requires a degree of expertise. Federal laws, state laws, and local rules combine to form the practice standard used by Colorado bankruptcy lawyers and courts. These laws evolve continually with new statutory amendments and case decisions. The most successful debtors compare the opinions of several bankruptcy lawyers, and with targeted questions, discover the most beneficial path to pursue.

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