Home > Chapter 7 Bankruptcy Discharge

Chapter 7 Bankruptcy Discharge

Receive Discharge
Section 12 of "The Chapter 7 Bankruptcy Process"

The main reason one files Chapter 7 bankruptcy is in order to receive a discharge. When a debt is discharged in bankruptcy, the debtor is no longer legally required to pay the debt.

When a discharge is granted, the Court will send a copy of the order to all parties listed on the matrix, including the debtor, his or her attorney, creditors, and bankruptcy trustee. The debtor should file the discharge away in a safe, accessible place. Click here to view a sample copy of a Chapter 7 bankruptcy discharge.

Not all types of debt are dischargeable. If a debt is not discharged, the debtor is legally obligated to repay it. For almost every rule, there is an exception, so talk to your attorney regarding what debts will or will not be discharged for your particular situation.

Examples of debts that are generally not subject to a Chapter 7 bankruptcy discharge include:

A Chapter 7 bankruptcy discharge is generally entered approximately four months after the bankruptcy petition is filed. Entry of the bankruptcy discharge may be delayed for various reasons, including the following:

  1. the failure of the debtor to comply with bankruptcy requirements, such as attending a pre-discharge bankruptcy education course;
  2. a complaint objecting to discharge filed by a creditor or other interested party;
  3. a motion to extend time to file complaint objecting to discharge filed by the bankruptcy trustee or other party (for example, in an effort to make the debtor cooperate or to turn over assets);
  4. a pending motion to dismiss (for example, if bankruptcy fraud or abuse is under investigation).

A Chapter 7 bankruptcy discharge may also be revoked after it is granted. For example, if the debtor fails to turn over an asset to the bankruptcy estate, the trustee may file a complaint to revoke the debtor's discharge for failure to cooperate.

Although the debtor is not legally obligated to pay a debt after it is discharged, he or she may voluntarily repay any discharged debt. The creditor then may accept or reject the payment at its own discretion.

<< Previous | Next >>

This page is Section 12 of the following 13-part article:

  1. Introduction to Chapter 7 Bankruptcy
  2. Investigate Alternatives
  3. Attend Pre-Bankruptcy Credit Counseling
  4. Select an Attorney
  5. Attend Initial Consultation
  6. Complete Bankruptcy Questionnaire
  7. Finalize and Sign Bankruptcy Documents for Filing with Court
  8. Prepare for and Attend Section 341 Meeting of Creditors
  9. Attend Pre-Discharge Bankruptcy Education Course
  10. Turn Over Nonexempt Assets to Case Trustee
  11. Distribution of Nonexempt Assets to Creditors
  12. Receive Discharge
  13. Order Closing Case

Bankruptcy Information by State


Alabama
Alaska
Arizona
Arkansas
California
Colorado
Connecticut
Delaware
District of Columbia
Florida
Georgia
Hawaii
Idaho
Illinois
Indiana
Iowa
Kansas
Kentucky
Louisiana
Maine
Maryland
Massachusetts
Michigan
Minnesota
Mississippi
Missouri
Montana
Nebraska
Nevada
New Hampshire
New Jersey
New Mexico
New York
North Carolina
North Dakota
Ohio
Oklahoma
Oregon
Pennsylvania
Rhode Island
South Carolina
South Dakota
Tennessee
Texas
Utah
Vermont
Virginia
Washington
West Virginia
Wisconsin
Wyoming