what does it mean to be discharged by a previous lawyer

What is a discharge of a defendant in prison?

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What is a bankruptcy discharge?

Discharge also means to release, as from legal confinement in prison or the military service, or from some legal obligation such as jury duty, or the payment of debts by a person who is bankrupt. The document that indicates that an individual has been legally released from the military service is called a discharge.

What does being discharged from a job mean?

Jan 14, 2020 · What Does Discharge Of Mortgage Mean? Once the principal or secured sum has been repaid, a discharge of mortgage can be obtained from the mortgagee. The procedure involved is set out in s 84 of the Transfer of Land Act 1958. The approved form must be used and lodged along with the certificate of title for registration.

What happens if a discharge is violated?

Apr 24, 2015 · The word discharged is used in certain contexts, and generally means released. R. Jason de Groot, Esq. We do not have an attorney-client relationship. I am not your lawyer. The statements I make do not constitute legal advice.

Is discharge the same as terminated?

Just as a discharge means you're freed from your debts, a person who is fired is discharged from a job. Unlike bankruptcy, though, there's no difference between being discharged and terminated. It's the same as the difference between fired and terminated – in that there is no difference.

What does it mean when a lawyer says withdrawn?

Lawyers can withdraw based on the fact their client refuses to be truthful, refuses to follow the attorney's advice, demands to pursue an unethical course of action, demands unrealistic results, desires to mislead the Court, refuses to cooperate with their counsel as well as countless other reasons.

What does it mean for a case to be withdrawn?

The withdrawal or dismissal of criminal charges means that a defendant can avoid serving jail time or dealing with probation. Exactly how and why dismissals or withdrawals are granted can vary on a case-by-case basis.Feb 17, 2016

What is a withdrawn charge?

What's the Difference Between Dismissed and Dropped Charges Having a charge dismissed, withdrawn, dropped or acquitted basically means that you are no longer charged. This should be good news, and it is. However, even though your charges have been dismissed or dropped, you most likely still have a criminal record.

R. Jason de Groot

I am confused too. We need many more facts to be able to answer. The word discharged is used in certain contexts, and generally means released.

Judy A. Goldstein

If you are looking at the clerk's docket sheet, it is just a notation. The sentence may not have been fully served, but the case might be over. The notation is unclear, Call the clerk or ask your lawyer.

Joshua Sachs

Are you looking at an Illinois Department of Corrections web site? If so it means just what it says. At least some part of the sentence still remains to be served so that the defendant is still either in prison or under some level of control and supervision by the Department..

Alexander M. Ivakhnenko

DISCLAIMER The answer given above by the lawyer serves for educational purposes only and provides general information and basic understanding of the applicable law. Take notice that the answer above does not create an attorney-client relationship as this website is not intended to provide anyone a specific legal advice.

What is discharge injunction?

The discharge constitutes a permanent statutory injunction prohibiting creditors from taking any action, including the filing of a lawsuit, designed to collect a discharged debt. A creditor can be sanctioned by the court for violating the discharge injunction.

How long does it take for a court to deny a discharge in a chapter 7 case?

The court will deny a discharge in a later chapter 7 case if the debtor received a discharge under chapter 7 or chapter 11 in a case filed within eight years before the second petition is filed.

What chapter is discharged in bankruptcy?

The bankruptcy discharge varies depending on the type of case a debtor files: chapter 7, 11, 12, or 13. Bankruptcy Basics attempts to answer some basic questions about the discharge available to individual debtors under all four chapters including:

How to object to bankruptcy discharge?

To object to the debtor's discharge, a creditor must file a complaint in the bankruptcy court before the deadline set out in the notice. Filing a complaint starts a lawsuit referred to in bankruptcy as an "adversary proceeding.".

What is Chapter 13 hardship discharge?

The scope of a chapter 13 "hardship discharge" is similar to that in a chapter 7 case with regard to the types of debts that are excepted from the discharge. A hardship discharge also is available in chapter 12 if the failure to complete plan payments is due to "circumstances for which the debtor should not justly be held accountable.".

How many years before a Chapter 13 case is filed?

A debtor is ineligible for discharge under chapter 13 if he or she received a prior discharge in a chapter 7, 11, or 12 case filed four years before the current case or in a chapter 13 case filed two years before the current case.

How long does it take to revoke a discharge?

Typically, a request to revoke the debtor's discharge must be filed within one year of the discharge or, in some cases, before the date that the case is closed. The court will decide whether such allegations are true and, if so, whether to revoke the discharge.

Why is debt discharged?

Discharge by Debt Forgiveness: This is the rarest of the three reasons why a debt may be discharged. In extremely limited circumstances, a creditor may choose not to collect on the debt and will relieve the land holder from their obligation to pay off the loan.

What happens if a lien expires?

If that time lapses before a creditor renews the lien, the lien will expire and will no longer be considered an encumbrance on the property. The amount of time that must lapse before a lien expires varies according to the laws of each state. Discharge by Debt Forgiveness: This is the rarest of the three reasons why a debt may be discharged.

Where is a lien filed?

Once the lien is attached, it is generally filed with the county records department of where the property is located and thus becomes a public record that puts everyone on notice of the landowner’s debt. The debt that the landowner owes the creditor is usually incurred at the time that the property is purchased.

What is a lien on a property?

A property lien is a legal claim that is brought by a creditor against a tract of land or real estate property. The lien gets attached to the property to indicate to others that the landowner or property holder owes money to a creditor. Once the lien is attached, it is generally filed with the county records department of where ...

What is a reaffirmation agreement?

liabilities covered by a reaffirmation agreement (a court-approved agreement to continue paying a creditor). For certain other debts, the creditor must file a lawsuit within the bankruptcy case asking the judge to declare that the bankruptcy will not discharge the debt.

How long does a Chapter 7 bankruptcy stay open?

Timewise, in a Chapter 7 case, the court sends out the order approximately three to four months after filing.

What is the most important part of bankruptcy?

The most important part of a bankruptcy case for many individual debtors is the bankruptcy discharge —the order that wipes out qualifying debt, such as credit card balances, utility bills, and medical debt. Once entered, the filer is no longer responsible for the discharged debt, and a creditor can't call, send demand letters, ...

Can you file for bankruptcy before discharge?

Qualifying debts that you incur before you file for bankruptcy are eligible for discharge. Any debts that arise after you file for bankruptcy aren't included in the bankruptcy. Why does the discharge date matter? Just because you file for bankruptcy doesn't mean that you'll receive a discharge, as discussed above.

Can you get discharged from bankruptcy?

Just because you file for bankruptcy doesn't mean that you'll receive a discharge, as discussed above. Being able to provide the discharge date will help you resolve a collection issue more expediently. Talk to a Bankruptcy Lawyer.

What happens if you file Chapter 13?

if filing under Chapter 13, made all of your payments under your repayment plan. The court will notify you by mailing out a document called an "order of discharge.". The order won't close your case, however.

Can a court deny a discharge?

The Court Can Deny or Revoke a Discharge. If you fail to cooperate with the court or the trustee , are not truthful on the paperwork or in your testimony, fail to turn over assets, or are otherwise undeserving of a discharge, the court can deny your discharge.

What does it mean to be discharged from a job?

Being discharged from a job means the working relationship between you and your employer has been terminated. Employment discharge can happen for a variety of reasons, and it can be voluntary or involuntary. It could happen with or without cause if there is an at-will clause in the employment agreement. This type of clause gives power ...

What does it mean to be discharged involuntary?

Involuntary discharge means that an employer dismisses you from the company. Usually, the employee will receive a termination letter. An employer may choose to release an employee for reasons such as misconduct or unsatisfactory completion of job responsibilities.

What is voluntary discharge?

Voluntary discharge. Voluntary discharge means that you resign from a job. Life events that can lead to voluntary discharge include retirement, education, starting a new job, relocation or a medical condition. Usually, it’s considered good etiquette to give at least two weeks’ notice to give your employer time to find someone new for the role.

What does it mean when you are laid off?

If you’re laid off from an organization, it’s due to conditions that are out of your control, such as a lack of work to do or the company’s financial situation. Sometimes, being laid off means that you still have a chance to be employed again if conditions improve. It’s beneficial to have a conversation with your employer to see if ...

What is mutual agreement?

Mutual agreement. A mutual agreement is shared between an employer and an employee. In this case, the employee agrees to exercise the at-will clause in their employment agreement. An employee also has the option of accepting an early retirement package from an employer as part of the mutual agreement. It can be pre-agreed to before beginning ...

Is a layoff temporary?

In contrast, a discharge happens regardless of the financial situation of a company. Depending on the reason for the discharge , it can be permanent.