Discharge in Chapter 7 Bankruptcy

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    Nondischargeable Debt

    • Some debts survive a Chapter 7 bankruptcy, including child support payments, tax debt, student loans and debts ruled nondischargeable by the bankruptcy court.

    Contesting Discharge

    • The bankruptcy court rules debts not eligible for discharge as nondischargeable. A creditor has the right to contest the discharge of a debt. Reasons for contesting might include fraud, dishonesty and other intentional malicious acts by the debtor.

    Secured Debt

    • When a debtor files for Chapter 7, he must choose how the court will treat secured debt. He can choose to surrender the property to the creditor, redeem the property by paying the creditor for it or reaffirm the original debt.

    Discharge

    • A Chapter 7 bankruptcy takes about three months to complete. The court sends the filer a Notice of Discharge upon completion.

    After Discharge

    • After the court issues a discharge, the debtor is responsible for paying debts that survived bankruptcy, including student loans, taxes, support payments, nondischargeable debt and debts reaffirmed by the filer.

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