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Word Of The Week: Discharge

Everyone knows that you file bankruptcy to get a discharge of your debts. But what is it? A bankruptcy discharge is a permanent court order pursuant to statute stopping creditors from collecting or attempting to collect a debt as a personal liability from a debtor. Not every debt is discharged, nor does every debtor receive an order of discharge. But if you file for bankruptcy, discharge is what you want.

A debtor can be denied a discharge for fraud on creditors, fraud on the court or simply not completing all the requirements  for filing bankruptcy such as taking the debtor education class. Certain debts may be required to be paid after a bankruptcy such as student loans or mortgages and car loans where you intend to keep those items of property or damages caused while driving drunk. Other times, you might want to continue to pay a debt by way of reaffirmation.

The U.S. Court system maintains a web page to explain the technicalities surrounding discharge. But a better, less technical description can be found on Attorney Cathy Moran’s website.

If you liked that post, then try these...

I Get My Tax Refund in Bankruptcy, Right? by Michael G. Doan, San Diego Bankruptcy Attorney

Bankruptcy and the price of procrastination by Cathy Moran, California bankruptcy lawyer

Bankruptcy and California Foreclosure Law by Douglas Jacobs, California Bankruptcy Attorney

Get In Touch With A Lawyer Near You

Why are you considering bankruptcy?

Garnishment
Creditor Harassment
Repossession
Foreclosure
Lawsuits
Illness/Disability
Divorce
Other:

What kind of bill problems do you have?

Credit Cards / Store Cards
Personal Loans
Child Support
Student Loans
Car Loans
Income Taxes
Payday Loans
Medical/Dental/Hospital Bills
Past Due Mortgage Bills
Other:

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