Montana Bankruptcy Lawyer - Bankruptcy Attorney

What is a discharge in bankruptcy?

Under the federal bankruptcy statute, a discharge is a release of the debtor from personal liability for certain specified types of debts. In other words, the debtor is no longer required by law to pay any debts that are discharged. The discharge operates as a permanent order directed to the creditors of the debtor that they refrain from taking any form of collection action on discharged debts, including legal action and communications with the debtor, such as telephone calls, letters, and personal contacts.

Although a debtor is relieved of personal liability for all debts that are discharged, a valid lien (i.e., a charge upon specific property to secure payment of a debt) that has not been avoided (i.e., made unenforceable) in the bankruptcy case will remain after the bankruptcy case. Therefore, a secured creditor may enforce the lien to recover the property secured by the lien.

Neither the State Bar of any state or listed here, nor any agency of these State Bars has certified any lawyer identified here (or located through a search originating from this site) as a specialist or as an expert. Anyone considering a lawyer should independently investigate the lawyer's credentials and ability. This state-specific pages of this site are intended for residents of the listed state and those with legal issues arising under the jurisdiction of said state. This site does not give legal advice or create an attorney-client relationship. Laws are different in each state, consult a local attorney.

The information in this web site is provided for informational purposes only. The information does not constitute legal advice. The use of this site does not create an attorney-client relationship. Further communication with an attorney through the web site and e-mail may not be considered as confidential or privileged. Please contact us if you wish to discuss the contents of this web site.

If you experience unusual problems with this site or discover dead links, please email the webmaster.