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Discharge under Chapter 7

When people file for bankruptcy, they do so in order to get some sort of debt relief. This relief comes in the form of the discharge. Once the discharge has been granted by the bankruptcy court, the debtor is no longer legally obligated to pay the debt. This means that all communication about the debt -- from debt collectors, for example -- must stop.

However, according to the United States Bankruptcy Court, there are certain types of debt that are not subject to a discharge. These debts include certain tax debt, alimony, child support and certain types of student loans. People may need to speak with an attorney to determine if all of their debt will be cleared in a Chapter 7 bankruptcy.

In a Chapter 7 bankruptcy, the discharge occurs after the time for the creditors to object to the discharge has passed. Generally, this is around four months after the debtor has filed the bankruptcy petition. More specifically, the discharge happens around 60 days after the 341 meeting of the creditors.

Creditors are allowed to object to the discharge in a Chapter 7 bankruptcy. A creditor can object for a number of reasons including filing to fulfill certain requirements -- including completion of a personal finance management course. Additionally, creditors can object to a discharge in cases where perjury or other fraudulent acts have occurred. A failure to submit certain documents can also lead to the denial of a discharge.

The discharge is just one part of a Chapter 7 bankruptcy. Tennessee residents who are considering filing for bankruptcy should make sure they understand how the discharge works and if it would help their situation. With the help on a bankruptcy attorney, people can make decisions about whether Chapter 7 works for them.

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Mark T. Young & Associates
2895 Northpoint Blvd.
Hixson, TN 37343

Toll Free: 888-376-0282
Phone: 423-933-1606
Fax: 423-877-0363
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