The Discharge in Bankruptcy
From an individual debtor's standpoint,
one of the primary goals of filing a bankruptcy case is to obtain
relief from burdensome debt. Relief is attained through the
bankruptcy discharge, the purpose of which is to provide a
"fresh start" to the honest debtor.
The bankruptcy discharge varies depending on the type of case a debtor
files: chapter 7, 11, 12, or 13. This Public Information Series pamphlet
attempts to answer some basic questions about the discharge available to
individual debtors under all four chapters including:
1. What is a discharge in bankruptcy?
2. When does the discharge occur?
3. How does the debtor get a discharge?
4. Are all the debtor's debts discharged or
5. Does the debtor have a right to a
discharge or can creditors object to the discharge?
6. Can the debtor receive a second discharge
in a later chapter 7 case?
7. Can the discharge be revoked?
8. May the debtor pay a discharged debt after
the bankruptcy case has been concluded?
9. What can the debtor do if a creditor
attempts to collect a discharged debt after the case is concluded?
10. May an employer terminate a debtor's
employment solely because the person was a debtor or failed to repay a