Indiana Discharge of Debtor in a Chapter 7 Case

State:
Indiana
Control #:
IN-B-318
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Description

Discharge of Debtor in a Chapter 7 Case

Indiana Discharge of Debtor in a Chapter 7 Case is a court order that releases an individual debtor from personal liability for certain dischargeable debts. This type of discharge is available to debtors who have successfully completed the Chapter 7 bankruptcy process. There are two types of Indiana Discharge of Debtor in a Chapter 7 Case. The first type is the Automatic Stay Discharge, which is issued when the bankruptcy court issues an order staying all collection efforts by creditors against the debtor. The second type is the Final Discharge, which is issued when the debtor has fulfilled all of his or her obligations under the bankruptcy plan, including payment of all fees, costs, and other applicable charges. The Final Discharge permanently releases the debtor from any personal liability for the dischargeable debts.

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FAQ

The Chapter 7 Discharge. A discharge releases individual debtors from personal liability for most debts and prevents the creditors owed those debts from taking any collection actions against the debtor.

Under Chapters 7, 11, 12, and 13 of the U.S. Bankruptcy Code, some or all of your existing debt can be discharged. A ?discharge" means you are not personally liable for the money and do not need to pay it back.

The court can either dismiss it or discharge it. ing to the United States Courts, the goal should be a discharge because this means the court accepts your bankruptcy case and forgives your debts. A dismissal occurs when something goes wrong with your case and the court is unable to finalize the bankruptcy claim.

However, if your first bankruptcy case was dismissed, including a voluntary dismissal, you can generally file again for either Chapter 7 or Chapter 13 at any time. That is, unless the court says differently.

The court may deny a chapter 7 discharge for any of the reasons described in section 727(a) of the Bankruptcy Code, including failure to provide requested tax documents; failure to complete a course on personal financial management; transfer or concealment of property with intent to hinder, delay, or defraud creditors;

An individual receives a discharge for most of his or her debts in a chapter 7 bankruptcy case. A creditor may no longer initiate or continue any legal or other action against the debtor to collect a discharged debt. But not all of an individual's debts are discharged in chapter 7.

Filers are usually hoping to get a bankruptcy discharge. That's the order that wipes out certain debts and gives you a fresh start. A dismissal is very different. It means your case has been stopped before the court granted a discharge.

The court may dismiss a proven charge without recording a conviction or imposing a penalty. This is known as dismissal. Where a charge is proved, the court may record a conviction but not impose any other penalty. This is known as a discharge.

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Indiana Discharge of Debtor in a Chapter 7 Case