The Discharge Order

What is a Discharge Order?

The ultimate goal for most people who file for bankruptcy is to achieve a discharge.  A discharge is the release of legal responsibility for repaying debts upon completion of bankruptcy.

If you file for bankruptcy and your debts are discharged, then you do not have to repay those debts.  If a creditor attempts to collect a discharged debt, then they are breaking the law.  They can be punished and you can be rewarded for upholding the law.  If this happens to you, please let Attorney Weber know.

To find out if your particular debts are eligible to be discharged in bankruptcy, call Attorney Weber at (203) 653-5133.

What if you want repay a debt that was discharged in bankruptcy?

No problem.  While you have no legal obligation to repay a discharged debt, you may repay it voluntarily.  Some people choose to repay family members who lent them money in a time of need.  Others choose to repay a discharged debt if they want to continue to receive services from the family doctor or dentist.  Remember, it is your choice to repay a discharged debt.  If a creditor asks you repay a discharged debt, call Attorney Weber at (203) 653-5133.

When is the discharge?

The timing of the discharge depends on whether you file for bankruptcy under chapter 7 (liquidation) or chapter 13 (debt reorganization plan).   In a chapter 7 bankruptcy, the court usually grants the discharge as soon as the time set aside for objecting to the discharge passes.  If no complaint is filed objecting to the discharge and no motion is filed to dismiss the case for substantial abuse, then the court will grant the discharge.  Typically, the discharge is given about four months after the bankruptcy petition is filed.

In a chapter 13 case, the court usually grants the discharge upon completion of the confirmed 3-5 year chapter 13 payment plan.  Since the plan is stretched out for 3-5 years, then the discharge may occur between 3 and 6 years after the filing of the bankruptcy petition.

Regardless of whether you file for bankruptcy under chapter 7 or chapter 13, you must submit to the bankruptcy court a statement that you have completed a course  in personal financial management before your discharge will be granted.