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Whether the trustee can take money you receive after filing your case depends on whether you were entitled to the money at the time your case was filed and how it was listed on your forms, if at all.
You no longer have further obligation to repay the loan, you will receive a reimbursement of payments made voluntarily or through forced collection, and. the discharge will be reported to credit bureaus to delete any adverse credit history associated with the loan.
When a debt is discharged, the debtor is no longer liable for the debt and the lender is no longer allowed to make attempts to collect the debt. Debt discharge can result in taxable income to the debtor unless certain IRS conditions are met. A debt discharge occurs when a debtor qualifies through bankruptcy court.
What is a discharge in bankruptcy? A bankruptcy discharge releases the debtor from personal liability for certain specified types of debts. In other words, the debtor is no longer legally required to pay any debts that are discharged.
Generally, a discharge removes the debtors' personal liability for debts owed before the debtors' bankruptcy case was filed. Also, if this case began under a different chapter of the Bankruptcy Code and was later converted to chapter 7, debts owed before the conversion are discharged.
The following categories of debts are not released on discharge: A debt incurred in respect of, or the payment of which was avoided by, any fraud or fraudulent breach of trust to which the bankrupt was a party (see paragraph 40.178).
The Trustee's Report of No Distribution, or NDR, lets the court and all interested parties know that no money will be paid to creditors. If a NDR is filed, the court will close the bankruptcy case shortly after the discharge has been entered. Unfortunately, you can only find the NDR by reviewing your case docket.
The Process of a Debt Discharge The bankruptcy court will look at your plan and decide whether it is fair and in ance with the law. You will also need to work with a trustee who will distribute these payments to the creditors. The trustee will pay creditors ing to priority.