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Fritz
Fritz, Attorney
Category: Bankruptcy Law
Satisfied Customers: 302
Experience:  Florida attorney with extensive experience in Chapter 7 and Chapter 13 consumer bankruptcy cases
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I am a creditor in a bankruptcy case. I received an Order

Resolved Question:

I am a creditor in a bankruptcy case. I received an Order from the Bankruptcy Court that was entitled "Notice To Creditors: Discharge Waived". What does this mean in relation to me being able to collect the debt owed to me?
Submitted: 1 year ago.
Category: Bankruptcy Law
Expert:  Fritz replied 1 year ago.

Fritz :

Hi, I'd like to assist you with your bankruptcy questions this morning.

Fritz :

When a Debtor waives his/her/their discharge, this prevents any of their debts from being discharged in the bankruptcy.

Fritz :

If this is the case you were discussing in previous posts, however, where the Debtor DID receive a Chapter 7 discharge, then filed a new Chapter 13 shortly thereafter, this changes the answer to your question. Did you receive the "Notice to Creditors: Discharge Waived" in the 2012 Chapter 7 case or in the newly-filed Chapter 13 case?

Fritz, Attorney
Category: Bankruptcy Law
Satisfied Customers: 302
Experience: Florida attorney with extensive experience in Chapter 7 and Chapter 13 consumer bankruptcy cases
Fritz and other Bankruptcy Law Specialists are ready to help you
Expert:  Fritz replied 1 year ago.
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Expert:  Fritz replied 1 year ago.
Please provide more background information, and I will be happy to provide you with further assistance. Thank you.
Customer: replied 1 year ago.

This is a different case that was filed in 2011 and is a Chapter 7 case. Why would a debtor waive his discharge? What would be the purpose in even filing bankruptcy?

Expert:  Fritz replied 1 year ago.

A Chapter 7 Debtor would almost never want to waive their discharge. In fact, I would NEVER allow a client to voluntarily waive their discharge - I'd withdraw from a case involving a situation where a client insists on doing so. I don't know the precise factual circumstances of the bankruptcy case you're dealing with, but a Debtor would typically only agree to voluntarily waive their discharge as part of a deal with the Trustee when the Trustee has found some evidence of potentially criminal activity (i.e. embezzlement, hidden and/or undisclosed major assets, etc.). If the Debtor in this situation doesn't agree to waive their discharge, the Trustee will turn the case over to the US Trustee and DOJ for criminal prosecution. The rationale for filing is similar to that of any other fraud or fraud-like crime - the Debtor must have believed they wouldn't be caught doing whatever illegal things they were doing.

 

 

For you as a creditor, this is an EXCELLENT outcome in a Chapter 7 case. After the case is closed without discharge, you can pursue collection efforts as though the Debtor had never filed their Chapter 7 case.

 

 

Customer: replied 1 year ago.

Thank you! As always, EXCELLENT and timely advice from you!

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