Chapter 7 Discharge

Chapter 7 Discharge

A Chapter 7 discharge is the court order issued to provide relief to those who were eligible to file and maintain a Chapter 7 bankruptcy case. This order releases the debtor from all of their dischargeable debts and forbids the creditors from attempting to collect from the debtor. It is important to note that certain debts cannot be discharged under Chapter 7 even if a Chapter 7 discharge is issued.

Who is ineligible for a Chapter 7 Discharge?

  1. A person who has been granted a discharge in a Chapter 7 case that was file within the last 8 years
  2. A person who has been granted a discharge in a Chapter 13 case that was filed within the last 6 years, unless 70% or more of the debtor’s unsecured claims were paid off in the Chapter 13 case
  3. A person who conceals, transfers, or destroys his or her property with the intent to defraud their creditors or the trustee in the Chapter 7 case
  4. A person who makes false statements or claims in the Chapter 7 case, or who withholds information from the trustee
  5. A person who fails to satisfactorily explain any loss or deficiency of his or her assets
  6. A person who refuses to answer questions or obey orders of the bankruptcy court, either in their bankruptcy case or in the bankruptcy case of a relative, business associate, or corporation with which they are associated
  7. A person who, after filing the case, fails to complete an instructional course on personal financial management

What types of debts are not dischargeable in a Chapter 7 case?

All debts– including out-of-state debts– are dischargeable in a Chapter 7 case except for those specified by law as non-dischargeable in a Chapter 7 case. It is your responsibility to provide a listing of all your creditors with correct addresses. The following is a list of the most common non-dischargeable debts:

  1. Most tax debts and debts that were incurred to pay non-dischargeable federal tax debts
  2. Debts for obtaining money, property, services, or credit by means of false pretenses, fraud, or a false financial statement, if the creditor files a complaint in the bankruptcy case
  3. Debts not listed on the debtor’s Chapter 7 forms, unless the creditor knew of the bankruptcy case in time to file a claim
  4. Debts for fraud, embezzlement, or larceny, if the creditor files a complaint in the bankruptcy case
  5. Debts for domestic support obligations, which include debts for alimony, maintenance, or support, and certain other divorce-related debts, including property settlement debts
  6. Debt for intentional or malicious injury to the person or property of another, if the creditor files a complaint in the bankruptcy case
  7. Debts for certain fines or penalties
  8. Debts for most educational benefits and student loans, unless a court finds that not discharging the debt would impose an undue hardship on the debtor and their dependents
  9. Debts for personal injury or death caused by the debtor’s operation of a motor vehicle, vessel or aircraft while intoxicated
  10. Debts that were or could have been listed in a previous bankruptcy case of the debtor in which the debtor did not receive a discharge

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