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Discharging debt through Chapter 7 bankruptcy

Living with a mountain of debt is not fun. Fortunately, Tennesseans do not have to live in the shadow of that debt forever. They have options, including to file for Chapter 7 bankruptcy. At the end of that process, a Tennessean's debt will normally be discharged.

What is a bankruptcy discharge? In plain English, debt that has been discharged has been wiped away. The debtor no longer has a debt and, thus, no longer has to worry about creditors trying to collect on that debt. No more letters, no more phone calls, no more knocks on the front door.

How long does it take to get debt discharged under Chapter 7? Normally 60-to-90 days after the creditor meeting. But the process can take longer if a creditor files a motion with the bankruptcy court asking for more time, or objecting to the discharge of the debt.

When will a court deny a discharge? Only in limited circumstances, usually because the debtor acted in bad faith. For example, the court might deny the discharge if the debtor committed perjury, failed to follow a court order or destroyed property that would have become part of the bankruptcy estate.

How about secured debts, are they wiped away too? These debts are a bit trickier. Secured creditors often keep some rights to the secured property, even after the underlying debt has been discharged. For instance, if a bank issued a car loan with the car as collateral, the bank may still have options to take back the car even after the bankruptcy.Tennesseans interested in learning more about the ins and outs of what debt will be discharged at the end of a Chapter 7 bankruptcy may benefit from speaking with an experienced bankruptcy attorney.

Source: uscourts.gov, "Chapter 7 - Bankruptcy Basics," Accessed Nov. 29, 2016

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

Toll Free: 888-376-0282
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