Bankruptcy Discharge Enforcement In New York


The bankruptcy discharge is the typical end of the Chapter 7 or Chapter 13 case. A Discharge of Debtor releases you from all collection activities in connection with a discharged debt. Many New York bankruptcy lawyers believe that the only way procedurally to enforce the discharge injunction is by filing an adversary proceeding.

The recent case of In re Nassoko, Case No. 07-11966 (ALG) (Bankr. S.D.N.Y., 2009) cleared this up once and for all, stating that the debtor may file a motion for sanctions rather than the more time consuming and costly process of filing an adversary proceeding.

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DISCLAIMER: Because of the generality of this update, the information provided herein may not be applicable in all situations and should not be acted upon without specific legal advice based on particular situations.

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