The Bankruptcy Discharge

At the end of a successful bankruptcy case, the court issues a discharge order that puts creditors on notice that they no longer have the right to collect discharge-eligible debts. It applies to those obligations the debtor incurred before filing—not bills the debtor acquires after the bankruptcy filing date.

The discharge order also doesn’t list the specific debts eliminated in a case, as most people expect. Instead, the court uses a boilerplate bankruptcy form that lists “nondischargeable debt” types that all debtors remain responsible for paying.

The same debts qualify for a discharge in both Chapter 7 and 13. The only exception is that Chapter 13 will eliminate a few more debts, the most notable being money owed under a marital property settlement agreement and an unsecured residential junior mortgage.

Fortunately, most Chapter 7 filers receive a discharge without a problem. Creditors don’t usually object to a discharge unless it’s suspected that the debtor incurred the debt through fraud. Such cases are rare, however—possibly because most people who’ve engaged in fraudulent conduct steer clear of bankruptcy (the penalties can be steep).

Getting a discharge can be more challenging for a Chapter 13 filer, but only because circumstances often change during the three- to five-year repayment plan period.

The Bankruptcy Discharge in Chapter 7 Bankruptcy

Debts That Survive Chapter 7 Bankruptcy

If you're filing for Chapter 7, you should know that some debts survive the discharge. Find out which taxes, student loans, fines, and other obligations you'll still owe after bankruptcy.
Debts That Are Discharged in Chapter 7 Bankruptcy

Find out which debts disappear in Chapter 7, like credit card balances and medical debt, and which ones, like child support, follow you.

The Bankruptcy Discharge in Chapter 13 Bankruptcy

Debts Discharged in Chapter 13 Bankruptcy, But Not Chapter 7

In Chapter 13 bankruptcy you can wipe out certain types of debts that you cannot eliminate in Chapter 7.
Which Debts are Cancelled in Chapter 13 Bankruptcy?

Find out which debts will be discharged at the end of your Chapter 13 bankruptcy repayment plan period.

Objections to Discharge & Revoking a Discharge

What Is an Objection to Discharge in Bankruptcy?

The bankruptcy trustee or a creditor can object to the discharge of a debt. Learn about the steps a creditor or the trustee must take to prove bankruptcy fraud or presumptive fraud and prevent you from wiping out your debt in bankruptcy.
Why a Creditor Might File an Objection to Discharge in Bankruptcy

Learn when creditors object to a bankruptcy discharge over luxury purchases, cash advances, fraud, or abuse of the process, and the strict deadlines that can span months to years.
Can I Get Rid of a Debt If the Debt Collector Violates the FDCPA?

A debt collector's FDCPA violations won't get rid of your liability for the underlying debt.

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Common Questions About the Bankruptcy Discharge

Can I Use My Credit Cards Prior to Filing for Bankruptcy?

You might have to pay back fraudulent charges made before filing for bankruptcy. Luxury goods over $900 made within 90 days of filing for bankruptcy, or $1,250 in cash advances made 70 days before bankruptcy, are presumed fraudulent.
Is My Bankruptcy Case Over When I Get a Discharge?

Your bankruptcy case ends when the court closes it, not when you get a discharge.

The Bankruptcy Discharge

The Bankruptcy Discharge in Chapter 7 Bankruptcy

The Bankruptcy Discharge in Chapter 7 Bankruptcy

The Bankruptcy Discharge in Chapter 13 Bankruptcy

The Bankruptcy Discharge in Chapter 13 Bankruptcy

Objections to Discharge & Revoking a Discharge

Objections to Discharge & Revoking a Discharge

Common Questions About the Bankruptcy Discharge

Common Questions About the Bankruptcy Discharge

How It Works