The Daily Insight

Bringing clear, reliable news and in-depth information to keep you informed with context and clarity.

culture

What kind of debt can you discharge in Chapter 7 bankruptcy?

Writer Elijah King

Although some debts are “nondischargeable” (they don’t go away in bankruptcy), many people who file for Chapter 7 will be able to discharge most or all of their debts. Credit card debt is one of the most commonly discharged debts, but Chapter 7 will discharge many other types of debt, as well.

When do you get a discharge in Chapter 7?

In Chapter 7, the court usually grants the discharge 60 days after the 341 (a) Meeting of Creditors. Typically, this means you will obtain a discharge about four months after filing your Chapter 7 petition.

When does a Chapter 7 bankruptcy order come out?

In a Chapter 7 bankruptcy, it’s issued 60 days after the first 341 meeting of creditors date. (The order could be delayed—or even prevented—by a creditor who successfully opposes the discharge.)

When does a discharge occur in a chapter 13 bankruptcy?

Since a chapter 12 or chapter 13 plan may provide for payments to be made over three to five years, the discharge typically occurs about four years after the date of filing. The court may deny an individual debtor’s discharge in a chapter 7 or 13 case if the debtor fails to complete “an instructional course concerning financial management.”

When do you get a discharge from bankruptcy?

When the court enters a discharge in your bankruptcy, it wipes out your personal liability for all debts that were included in the discharge. In Chapter 7 bankruptcy, you normally receive a discharge a few months after filing your case.

What happens when Chapter 7 case is discharged?

Congratulations! You made it to discharge in your chapter 7 case! This means that your case is essentially over and you can move forward with your fresh start. In this article we will talk about what that process looks like practically and how to maximize the benefits of your fresh start in both the short and long term.

Can a Bankruptcy Court revoke a discharge order?

In chapter 11, 12, and 13 cases, if confirmation of a plan or the discharge is obtained through fraud, the court can revoke the order of confirmation or discharge. May the debtor pay a discharged debt after the bankruptcy case has been concluded? A debtor who has received a discharge may voluntarily repay any discharged debt.

When do I get my discharge from bankruptcy?

Whether you file under Chapter 7 and your discharge is entered approximately four months after your case is filed, or you filed under Chapter 13 and your discharge is entered after you complete your payment plan, getting your discharge is what protects you even after your bankruptcy case is closed.

Can a debt discharged in bankruptcy appear on my credit report?

If you discharged debts in bankruptcy, here’s how they should (and should not) be listed on your credit report. In short, yes. Not only will a bankruptcy filing remain on your credit report for seven to ten years, but you can expect information about the debts discharged (forgiven) in bankruptcy to continue to appear on your credit report, too.