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Chapter 7 Bankruptcy Discharge

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If creditors haven't filed a suit to stop you from getting out from under your debts within 60 days of the 341 meeting, the court will enter an order granting the "discharge" of all dischargeable debts that existed on the date the case was filed.

What debts are discharged in Chapter 7?

Dischargeable
  • Personal Loans
  • Credit cards
  • Repossession deficiencies
  • Auto accident claims
  • Jdgments
  • Business debts
  • Leases
  • Guaranties
  • Negligence claims
  • Possibly Dischargeable
  • Property settlements or division of debts in divorce
  • Willful and malicious injuries to others
  • Embezzlement
  • Debts incurred by fraud or dishonesty
  • Debts arising from breach of fiduciary duty
  • In order for these debts NOT to be discharged, creditors must ask the court to make a determination about them. Without a request from the creditor and a granting of that request by the court, these types of debts will be discharged.

    Not Dischargeable
  • Recent taxes
  • Trust fund taxes
  • Child or family support
  • Criminal fine or restitution
  • Auto accident claims involving intoxication
  • Debts not scheduled
  • Penalties payable to the government other than tax penalties
  • Student loans
  • Debts listed in prior bankruptcy where debtor was denied a discharge
  • Click here for more about Chapter 7

     

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