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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.
Courts can issue a discharge ruling when the debtor meets the discharge requirements under Chapter 7 or Chapter 11 of federal bankruptcy law, or the ruling is based on a debt canceling. A canceling of debt happens when the lender agrees that the rest of the debt is forgiven. discharge (of debts) | Wex | US Law | LII / Legal Information Institute cornell.edu ? wex ? discharge_(of_debts) cornell.edu ? wex ? discharge_(of_debts)
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.
What happens when a creditor files an objection? A creditor's objection does not automatically prevent a discharge of debt. The debtor gets a chance to file an answer to the objection, and the court may hold a hearing to decide the issue. This is called an adversary proceeding, and it works much like any other lawsuit.
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. Discharge in Bankruptcy - Bankruptcy Basics | United States Courts uscourts.gov ? services-forms ? discharge-b... uscourts.gov ? services-forms ? discharge-b...
Once a debt has been discharged, the creditor can no longer take action against the debtor, such as attempting to collect the debt or seizing any collateral. Learn more about what kind of loan debt is not alleviated when you file for bankruptcy, and what kind of debt is difficult to discharge. What Debt Can't Be Discharged in Filing for Bankruptcy? - Investopedia investopedia.com ? ask ? answers ? what-de... investopedia.com ? ask ? answers ? what-de...
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. The Chapter 13 Debt Discharge - FindLaw findlaw.com ? bankruptcy ? the-chapter-13-... findlaw.com ? bankruptcy ? the-chapter-13-...