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What should I know about a bankruptcy discharge?

On Behalf of | Feb 8, 2021 | Firm News

When you file for Chapter 7 bankruptcy, your ultimate goal is to get the discharge. The bankruptcy discharge signals the end of your case and the release of responsibility you have for the debts.

The United States Department of Justice explains that you should be aware that you cannot discharge some of your debts through bankruptcy, such as court-ordered support payments and unpaid taxes. There are a few other rules that you need to note.

Secured debts

The court can discharge secured debts but that does not mean you get to keep the property with which you secured the debt. For example, if you have an auto loan and the court discharges it in your bankruptcy, you cannot keep the vehicle. The lender will usually repossess it. However, you will not have to pay the loan off or any fees associated with it.

After filing debts

If you incur debt after you file for bankruptcy, then you cannot include it in your bankruptcy. You retain all responsibility for this debt. Even if you try to revise your petition or take other steps to add the debt to your bankruptcy, the court will not approve anything you incur after the filing date for your case.

Too soon debts

You can only file Chapter 7 bankruptcy every eight years. If you have had a discharge before the eight-year limit, the court will not discharge any of your debts.

Listed debts

The court will only discharge the allowable debts that you include in your bankruptcy petition. If you leave a debt off your petition, then the court will be unable to assess it for discharge. This means when your case concludes, that debt will remain, even if it is a debt that would have qualified for discharge. So, you have to be sure your petition is complete.