What is a discharge in bankruptcy? 30 Answers as of August 25, 2011

Does this mean all my credit card debt can be erased?

Ask a Local Attorney. 100% Anonymous. Free Answers.

Free Case Evaluation by a Local Lawyer: Click here
Mercado & Hartung, PLLC
Mercado & Hartung, PLLC | Christopher J. Mercado
you are no longer personally liable to pay those debts.
Answer Applies to: Washington
Replied: 8/25/2011
Breckenridge and Walton
Breckenridge and Walton | Alan D. Walton
Your legal obligation to pay the debts is eliminated. The creditors are still owed the money, they just cannot look to you for payment. So co-signers can be obligated.
Answer Applies to: Michigan
Replied: 7/22/2011
The Law Office of Marvin Wolf
The Law Office of Marvin Wolf | Marvin Wolf
A discharge in bankruptcy is a simple one page document the court sends you near the end of your case stating that you have received a discharge. It means that all debts that the law allows to be discharged can no longer be collected by anyone. If they try, they get in trouble with the court. The debts are not erased, just made collectible. The debt can still appear on the credit report but it should say discharged in bankruptcy next to it. Most credit card debt becomes collectible against the person who filed. However, if there is a co-signer on the account, they can go after that person. That's why they want co-signers. If a credit card is properly secured, then the claim against the property is still valid in spite of the bankruptcy. But just because a creditor claims the debt is secured doesn't always mean that it is, sometimes even if you signed something that says that it is, and even if a lawyer writes you a letter claiming that it is. Some debts are not dischargeable. For example, a debt based on fraud might not be dischargeable in bankruptcy, but it would usually take a separate proceeding by the creditor to prove it.
Answer Applies to: New Jersey
Replied: 7/19/2011
Engberg Law Office
Engberg Law Office | Harry A. Engberg
It discharges all of your debt that has not been reaffirmed. The credit report will show the credit card debt as discharged in bankruptcy.
Answer Applies to: South Dakota
Replied: 7/18/2011
Burnham & Associates
Burnham & Associates | Stephanie K. Burnham
A discharge is the elimination of your personal responsibility to repay debt. Unless you have committed fraud, you should be able to eliminate your credit card debt.
Answer Applies to: New Hampshire
Replied: 7/18/2011
    Financial Relief Law Center
    Financial Relief Law Center | Mark Alonso
    A discharge in bankruptcy means that your debt is wiped out. In a simple ch. 7 bankruptcy, your unsecured debt is discharged, which includes credit card debt, medical debt or any debt which does not have collateral attached to it. Secured debt may also be discharged if you end up surrendering the property.
    Answer Applies to: California
    Replied: 7/18/2011
    Theodore N. Stapleton, PC
    Theodore N. Stapleton, PC | Theodore N. Stapleton
    A discharge of debts does not make debts magically disappear. The discharge acts as an injunction against the collection of the debts discharged. Credit card debt can be discharged if you qualify for chapter 7. Please call to schedule a free consultation.
    Answer Applies to: Georgia
    Replied: 7/18/2011
    Ursula G. Barrios Law
    Ursula G. Barrios Law | Guillermo Machado
    Means you are no longer liable on your dischargeable debts. It's a good thing.
    Answer Applies to: California
    Replied: 7/18/2011
    Tucker Legal Clinic
    Tucker Legal Clinic | Samuel Tucker
    The discharge is the point and goal of bankruptcy. The discharge legally absolves the debtor of liability for scheduled debts.
    Answer Applies to: Mississippi
    Replied: 7/18/2011
    Bankruptcy Law office of Bill Rubendall
    Bankruptcy Law office of Bill Rubendall | William M. Rubendall
    A discharge means that all dischargeable debts are no longer owed and the creditors can never pursue collection. An example of a type of debt that is dischargeable would be a credit card. However, debts incurred by fraud or misrepresentation are not discharged.
    Answer Applies to: California
    Replied: 7/18/2011
    Law Office of Lynnmarie A. Johnson
    Law Office of Lynnmarie A. Johnson | Lynnmarie Johnson
    Normally that is what happens, however there are some exceptions, for example if you had charged luxury good in the 90 days prior to filing, the credit card company can challenge you have the. Discharge denied.
    Answer Applies to: Michigan
    Replied: 7/18/2011
    Guardian Law Group PLLC
    Guardian Law Group PLLC | C. David Hester
    No. A discharge means that you are discharged from personal liability on those debts, in other words the creditor cannot try to collect on them anymore. They will remain on your credit for up to 7 years and the bankruptcy will remain for 10 years.
    Answer Applies to: Utah
    Replied: 7/18/2011
    Rosenberg & Press
    Rosenberg & Press | Max L. Rosenberg
    Yes, that is correct
    Answer Applies to: Connecticut
    Replied: 7/18/2011
    Bird & VanDyke, Inc.
    Bird & VanDyke, Inc. | David VanDyke
    Yes! The discharge is the final result of filing bankruptcy. It means all your debts are erased.
    Answer Applies to: California
    Replied: 7/18/2011
    Ray Fisher Law Offices
    Ray Fisher Law Offices | Ray Fisher
    A discharge in bankruptcy is a permanent injunction that prevents your creditors from trying to collect the debt. Yes it normally erases credit card debt.
    Answer Applies to: Texas
    Replied: 7/18/2011
    Indianapolis Bankruptcy Law Office of Eric C. Lewis
    Indianapolis Bankruptcy Law Office of Eric C. Lewis | Eric Lewis
    A discharge of debt means that you do not have a legal obligation to pay back the debt that has been discharged. In most cases, credit cards are wholly dischargable.
    Answer Applies to: Indiana
    Replied: 7/18/2011
    Carballo Law Offices
    Carballo Law Offices | Tony E. Carballo
    A discharge is an order of the bankruptcy court, called a permanent injunction, prohibiting the creditors from attempting to collect from the debtor who received the discharge in any manner forever. The debt is not technically erased but it is no longer enforceable in any manner so for all practical puposes it is generally considered that the debt has been erased or wiped out. A debt that cannot be collected is really not a debt at all but it is kept in the credit report although it must show that it was discharged in bankruptcy.
    Answer Applies to: California
    Replied: 7/18/2011
    Ashman Law Office
    Ashman Law Office | Glen Edward Ashman
    A discharge makes debt uncollectable. If you qualify for bankruptcy, and do it properly, you can eliminate credit card debt. See a lawyer to do it right.
    Answer Applies to: Georgia
    Replied: 7/18/2011
    The Law Office of Mark J. Markus
    The Law Office of Mark J. Markus | Mark Markus
    A discharge is technically an injunction issued by the bankruptcy court forever preventing creditors from seeking to collect on debts that were discharged in the bankruptcy case. Whether or not a debt is dischargeable depends on whether it falls into one of the exceptions set forth in 11 U.S.C. 523. Most credit card debts are dischargeable, unless incurred through fraud.
    Answer Applies to: California
    Replied: 7/18/2011
    Law Offices of Joseph A. Mannis
    Law Offices of Joseph A. Mannis | Todd Mannis
    The discharge wipes out your legal obligation to pay. So yes, it is erased. T
    Answer Applies to: California
    Replied: 7/18/2011
    Law Office of Maureen O' Malley
    Law Office of Maureen O' Malley | Maureen O'Malley
    That's exactly what a discharge does except for fraud or non-dischargeable debt, such as school loans.
    Answer Applies to: Virginia
    Replied: 7/18/2011
    The Schreiber Law Firm
    The Schreiber Law Firm | Jeffrey D. Schreiber
    Yes, a "discharge" will discharge you from any further legal obligation to pay the debts included in the bankruptcy.
    Answer Applies to: California
    Replied: 7/18/2011
    Janet A. Lawson Bankruptcy Attorney
    Janet A. Lawson Bankruptcy Attorney | Janet Lawson
    yes, that is what it means.
    Answer Applies to: California
    Replied: 7/18/2011
Click to View More Answers:
12 3 4 5 Free Legal QuestionsConnect with a local attorney