What is the difference between a discharge and a dismissal?
There are two types of outcomes for a bankruptcy petition that is filed in the state of Texas: a discharge and a dismissal. A discharge is an order that is issued by the court that is legally binding and should be obeyed. It legally eliminates any debts or liabilities that are eligible for discharge that were listed in the bankruptcy filing. This means that once the discharge is issued, the debtor no longer has any legal responsibility for that debt. A dismissal is an order from the court that the bankruptcy petition is dismissed. This means that it is not approved, and all of the debts and liabilities that were listed in the filing remain the same. The creditor may still pursue collection of the debt in accordance with state law, and no protection is given to the debtor from the court. In summary, a discharge is a court-approved status that lifts the legal responsibility to repay certain types of debt, whereas a dismissal is a court-ordered denial of the bankruptcy filing which leaves the debtor responsible for repaying the debt.
Related FAQs
What is the bankruptcy automatic stay?Are there any types of debt that will survive a bankruptcy discharge?
Is bankruptcy the best option for me?
Can I keep my home when filing for bankruptcy?
Do I need to list all of my debts when filing for bankruptcy?
How often can I file for bankruptcy?
How can I find a qualified bankruptcy attorney?
Does bankruptcy eliminate liens?
How often can I receive a bankruptcy discharge?
Can I keep certain types of property when filing for bankruptcy?
Related Blog Posts
What is Bankruptcy Law? - July 31, 2023What Are the Most Popular Types of Bankruptcy? - August 7, 2023
How to Choose the Right Bankruptcy Attorney for Your Case - August 14, 2023
Understand the Consequences of Not Filing for Bankruptcy - August 21, 2023
How to Avoid Bankruptcy With Financial Self-Management - August 28, 2023