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Overview - Although a discharge might not release third parties and protects only the debtor against a determination of personal liability, in In re Le Ctr. on Fourth,...
Eleventh Circuit found that due process rights were not violated where the debtor provided actual notice of the third-party releases to its creditors despite failing to comply with the specific procedural requirements prescribed by the Bankruptcy Rules.
To embed, copy and paste the code into your website or blog: A discharge of debt in bankruptcy “operates as an injunction against the commencement or continuation of an action, the employment of process, or an act, to collect, recover or offset any such debt as a personal liability of the debtor. . . .” 11 U.S.C. § 524(a)(2). Certain debts, however, including debts “for violation of . . . any of the State securities laws,” are not subject to discharge. See 11 U.S.C. § 523(a)(19). A discharge injunction does not bar the collection of such debts. Does a discharge injunction...