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Debt Management: The Bankruptcy Discharge

For most people, the goal of bankruptcy is to wipe out debts. This is called the bankruptcy discharge. Not all debts are discharged, however. Before you file for bankruptcy, it's important to know:

  • which debts will be wiped out in bankruptcy, and which will remain
  • differences between Chapter 7 and Chapter 13 bankruptcy when it comes to the discharge, and
  • when the trustee or creditor might challenge the dischargeability of a debt.

While most debts can be eliminated in bankruptcy (called dischargeable debts), certain obligations (called nondischargeable debts) survive your bankruptcy discharge.

If you commit fraud or don't follow bankruptcy rules, the court can revoke your bankruptcy discharge and your debts won't be wiped out.

Although many debts are discharged (canceled) in a Chapter 7 bankruptcy, some don't qualify for discharge. Learn more about nondischargeable debts in Chapter 7 bankruptcy.

Chapter 7 bankruptcy clears debt like credit card balances, medical bills, past-due rent payments, payday loans, overdue cellphone and utility bills, car loan balances, and even home mortgages in as little as four months.

Find out who is responsible for a Social Security overpayment and how you can get out of paying back an overpayment of Social Security by filing for bankruptcy. Unless you've committed fraud, a Social Security overpayment can be discharged in bankruptcy.

If you forget to list a creditor in your no-asset Chapter 7 bankruptcy, can you still wipe out the debt? Find out.

When you complete your Chapter 13 bankruptcy, most of your debts will be paid fully or eliminated by your discharge. Find out which debts you must pay in Chapter 13 and which bills are erased in Chapter 13 bankruptcy.

After you complete your Chapter 13 plan, some of the remaining debts won't be discharged.

If you can't complete your Chapter 13 repayment plan, you can file a motion with the bankruptcy court asking for a hardship discharge.  Find out how to qualify for a Chapter 13 hardship discharge and erase debts without making all Chapter 13 plan payments.

A creditor or the trustee can object to the discharge of one or all of your debts in bankruptcy.

Find out who is responsible for a Social Security overpayment and how you can get out of paying back an overpayment of Social Security by filing for bankruptcy. Unless you've committed fraud, a Social Security overpayment can be discharged in bankruptcy.

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