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What Is the Chapter 7 Bankruptcy Discharge?

What is a Chapter 7 Discharge?

Your Chapter 7 Bankruptcy Discharge

Once your debts are discharged in your Chapter 7 bankruptcy, your creditors cannot initiate or continue any attempts to collect the discharged debts from you. Some debts cannot be discharged in a Chapter 7 bankruptcy.

They include:

  • Alimony and child support
  • Certain tax obligations, although it may be possible to discharge tax obligations that are greater than 3 years old.
  • Student loans, unless you can demonstrate that repaying the loan would be an undue hardship on you and your dependents.
  • Personal injury judgments
  • Debts related to DUI or DWI damages
  • Criminal restitution orders such as an order to pay restitution to the victim of a battery you committed.

If these types of debts are not paid as part of your Chapter 7 bankruptcy, you will still be personally liable for them.

It is very important that your filing be 100% truthful. The bankruptcy court may revoke your Chapter 7 discharge if the trustee, a creditor or the U.S. trustee requests it and demonstrates a valid basis for revoking the discharge. The request will be granted if the discharge was obtained through fraud, if you acquired property that is property of the estate and knowingly and fraudulently failed to report or to surrender it to the trustee, or if you made a material misstatement or failed to provide documents or other information in connection with an audit of your case.

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