Vermont Discharge of Debtor in a Chapter 7 Case

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Vermont
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VT-SKU-0113
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Discharge of Debtor in a Chapter 7 Case

Vermont Discharge of Debtor in a Chapter 7 Case is a court order that releases an individual debtor from personal liability for certain debts. This type of discharge is available only to individuals filing under Chapter 7 of the Bankruptcy Code. The discharge eliminates the debtor's personal legal obligation to pay certain debts, such as credit card debt, medical bills, and loans. The discharge does not, however, eliminate the lien of any creditor that has a security interest in the debtor's property. The Vermont Discharge of Debtor in a Chapter 7 Case is divided into two categories: the Automatic Stay and the Discharge Order. The Automatic Stay is issued by the court automatically upon the filing of the bankruptcy petition and prevents creditors from taking any further action against the debtor. The Discharge Order is issued after the completion of the bankruptcy process and permanently releases the debtor from personal liability for the discharged debts. The Vermont Discharge of Debtor in a Chapter 7 Case does not discharge certain types of debts, such as student loans, certain tax liabilities, and alimony or child support. Additionally, the discharge does not prevent a creditor from filing a lawsuit against the debtor for any debts that are not discharged.

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FAQ

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.

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;

Chapter 7 bankruptcy wipes out medical bills, personal loans, credit card debt, and most other unsecured debt. Debt that is related to some kind of ?bad act? like causing someone injury or lying on a credit application can't be wiped out.

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.

There is no ceiling on the amount of debt with which you can file for Chapter 7 bankruptcy. Chapter 7 also is often preferred over Chapter 13 because it wipes out debt and doesn't involve repayment. The rules under Chapter 13 are more stringent, but Chapter 7 is open to any individual with any amount of debt.

There are certain things you cannot do after filing for bankruptcy. For example, you can't discharge debts related to recent taxes, alimony, child support, and court orders. You may also not be allowed to keep certain assets, credit cards, or bank accounts, nor can you borrow money without court approval.

No matter which form of bankruptcy is sought, not all debt can be wiped out through a bankruptcy case. Taxes, spousal support, child support, alimony, and government-funded or backed student loans are some types of debt you will not be able to discharge in bankruptcy.

Discharging personal liability in Chapter 7 In a Chapter 7 filing, the debtor's personal liability for dischargeable debts is erased. However, liens that are not subject to elimination (i.e., most consensual and statutory liens) survive the discharge.

More info

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.In chapter 7 cases, the debtor does not have an absolute right to a discharge. A "discharge letter" is a term used to describe the order that the bankruptcy court mails out toward the end of the case. A "discharge" means you are not personally liable for the money and do not need to pay it back. For most filers, a discharge marks the end of their bankruptcy case. The bankruptcy discharge releases the debtor from liability for certain debts, so the debtor is no longer legally required to pay the balance. The Chapter 7 "discharge order" is the final order you receive in your Chapter 7 bankruptcy. Some taxes may be dischargeable. Whether a federal tax debt may be discharged depends on the unique facts and circumstances of each case.

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Vermont Discharge of Debtor in a Chapter 7 Case