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For most filers, a Chapter 7 case will end when you receive your discharge?the order that forgives qualified debt?about four to six months after filing the bankruptcy paperwork. Although most cases close after that, your case might remain open longer if you have property that you can't protect (nonexempt assets).
Closed Without a Discharge Cases are closed without discharge when the debtor does not complete the required debtor education required as a condition of discharge. The court may also close your case without discharge if you failed the last step for getting rid of debt. Your filing may not have been filed timely.
There are only a handful of reasons a chapter 7 bankruptcy will be dismissed by the court. However, what it usually boils down to is that the client didn't go to the hearing, finish the financial management course, or didn't tell the attorney about a valuable asset or stream of income..
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.
Debts not discharged Some debts are not dischargeable in bankruptcy. See 11 U.S.C. 523 for the list of non dischargeable debts. Non dischargeable debts are unaltered by the bankruptcy discharge and remain just as valid as they were before the bankruptcy. The debtor's personal liability continues.
Debts not discharged include debts for alimony and child support, certain taxes, debts for certain educational benefit overpayments or loans made or guaranteed by a governmental unit, debts for willful and malicious injury by the debtor to another entity or to the property of another entity, debts for death or personal ...
It will be discharged in the bankruptcy. To keep the property, you will usually have to either keep the debt and pay off the loan or pay the lender the actual value of the property. There are some exceptions, so talk with your lawyer.