A discharge is the release of the debtor from personal liability from a creditor for certain, specified types of debts. In other words, the debtor, by law, is no longer required to pay any discharged debts. The discharge is a permanent court order instructing creditors to refrain from taking any form of collection action on discharged debts, including taking legal action or communicating with the debtor, such as by telephone, letter, or personal contact. A discharge is generally granted within 120 days after the initial bankruptcy filing and, unless there is litigation involving the creditors and the discharge items, a discharge will be granted. A discharge, however, is not an absolute right.
Any creditor can file a complaint in court, but the grounds for denying an individual are narrow.
Should a complaint be filed, then an adversary proceeding begins. This is when you should contact an attorney. You should file when you have reached a point where you cannot reasonably pay your bills. People sometimes find they cannot pay their bills after an unexpected period of unemployment, illness, accident, divorce or simply having overestimated their ability to pay for things on credit. Bankruptcy should not be the first thing you consider, but the last.