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Excerpts from
Bankruptcy Basics
A Public Information Series of the Bankruptcy Judges Division
Administrative Office of the United States Courts
APRIL 2004
Revised Second Edition

Contents

Introduction

The Discharge in Bankruptcy

What is a discharge in bankruptcy?

When does the discharge occur?

How does the debtor get a discharge?

Are all the debtor's debts discharged or only some?

Does the debtor have a right to a discharge or can creditors object to the discharge?

Can the debtor receive a second discharge in a later chapter 7 case?

Can the discharge be revoked?

May the debtor pay a discharged debt after the bankruptcy case has been concluded?

What can the debtor do if a creditor attempts to collect a discharged debt after the case is concluded?

May an employer terminate a debtor's employment solely because the person was a debtor or failed to repay a discharged debt?

Chapter 7. Liquidation Under the Bankruptcy Code

Chapter 13. Individual Debt Adjustment

Chapter 11. Reorganization Under the Bankruptcy Code

Chapter 12. Family Farmer Bankruptcy

Chapter 9. Municipality Bankruptcy

SIPA. Securities Investor Protection Act

Bankruptcy Terminology

Bankruptcy BASICS

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 only some?

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 discharged debt?