Discharge

Once you complete your bankruptcy, you will receive a bankruptcy discharge of debts. A discharge is a bankruptcy court order called a "Discharge of Debtor," that eliminates your personal liability for all of your debts that can be eliminated under bankruptcy law. A discharge also provides you with continued protection from creditors and debt collectors after bankruptcy by virtue of the discharge injunction, which provides a similar protection to the protection given to you by the bankruptcy stay during your bankruptcy. The bankruptcy stay protects you upon filing and during your bankruptcy, and then the discharge injunction protects you from the point of your discharge and thereafter.

Discharge In Chapter 7 Cases

In San Diego bankruptcy cases, you will typically receive a discharge in a Chapter 7 Bankruptcy about 90 days after your case is filed, assuming that your case is filed and executed flawlessly and there are no objections or allegations of fraud or other wrongdoing. Debts that are usually discharged in a Chapter 7 case include:

               • unwanted credit cards and related debt
               • home mortgage loan debt
               •   home equity debt (home equity loan debt)
               •   car debt (car loan debt)
               •   medical bills and medical debt
               •   personal debts
               •   business debts

Not all debts are discharged. Debts are not discharged include: recent taxes (you can file bankruptcy on taxes that are older), student loans, and divorce debt (owing to your ex-spouse as a result of a divorce or marital settlement agreement), among other debts. A Chapter 7 lawyer can advise you as to which of your debts will be discharged.

Discharge In Chapter 13 Cases

In San Diego bankruptcy cases, you will receive a discharge in a Chapter 13 Bankruptcy once you complete your plan payments. Depending on your income level and your Chapter 13 plan, you will complete your plan payments in 3 to 5 years. Debts that are usually discharged in a Chapter 13 bankruptcy include:

                •   unwanted credit cards and related debt
                •   home mortgage loan debt
                •   home equity debt (home equity loan debt)
                •   car debt (car loan debt)
                •   medical bills and medical debt
                •   personal debts
                •   business debts

There are some debts that typically survive (are not discharged in) a Chapter 13 bankruptcy, such as, for example, recent taxes (older income taxes can be dischargeable, depending upon your circumstances), student loans (student loan debt can be dischargeable if you can show "undue hardship"), divorce debt you owe a spouse from a divorce or separation agreement, and certain other types of debts.

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Discharge

Discharge In Chapter 7 Cases

Discharge In Chapter 13 Cases

Bankruptcy Legal Center