The Debt Discharge in Bankruptcy

Could Your Debts be Eliminated Through Bankruptcy?

If considering bankruptcy, a debt discharge will likely be one of the details that most interests you. Depending on which chapter of bankruptcy you file under, a discharge may relieve you from having to pay off specific debts.

The types of debts eligible for discharge will vary from case to case. Debts eligible for discharge in Chapter 7 bankruptcy, for example, may not be eligible for discharge in Chapter 13 bankruptcy, and vice versa.

A bankruptcy attorney can help identify which chapter of bankruptcy makes sense for you and which debts you may be able to discharge. Fill out the form below to connect with an attorney in your area for a free consultation about a debt discharge.

What is a Debt Discharge?

Bankruptcy's debt discharge releases a filer from personal liability for certain types of debts. The discharge serves as a permanent order prohibiting creditors from taking any form of collection action on an individual’s discharged debts. Collection actions include both legal action and communications with the individual (i.e. phone calls, letters or personal contact).

Timing of the Debt Discharge

The timing of the debt discharge will vary depending on which chapter of bankruptcy an individual is filing under. A Chapter 7 discharge generally occurs shortly after the initial filing. A Chapter 13 discharge, on the other hand, is generally granted after filers complete the payments defined in their bankruptcy plan.

Are all Debts Discharged?

In all bankruptcy cases, there will be certain debts that cannot be discharged. Section 523(a) of the Bankruptcy Code specifically lists various categories of nondischargeable debts. Generally, the following debts may not be discharged, regardless of what chapter of bankruptcy you are filing under:

Certain types of tax claims
Spousal or child support
Debts caused by willful and malicious injuries to person or property
Government for fines and penalties
Government-funded educational loans

A bankruptcy attorney can help you determine which of your debts you may be able to discharge. Fill out the form below to connect with a bankruptcy attorney in your area who can help you identify what type of discharge you could be eligible for:

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