When Bankruptcy Is Not An Option
The purpose of a discharge is to "release an honest debtor from his financial burdens and to facilitate the debtor's unencumbered `fresh start'". In re Pelkowsk i, 990 F.2d 737, 744 (3d Cir.1993) (citing Kokoszka v. Belford, 417 U.S. 642, 645-46, 94 S.Ct. 2431, 2433-34, 41 L.Ed.2d 374 (1974)). The general purpose of a bankruptcy case is to fully disclose everything you own or have an interest in and surrender assets to the trustee that exceed the amount that can be protected under the laws of exemptions. Otherwise, if you're not willing to surrender assets, you can also make a payment plan under Chapter 13 of the bankruptcy code. Bankruptcy may not be an option when you have assets to lose and you are not willing to surrender those assets. You see, a Chapter 7 bankruptcy case is considered a liquidation bankruptcy where you cannot afford to make any payments toward your debts. If you have no assets, then you have nothing to lose and everything to gain from filing...