What is the difference between a discharge and a dismissal?
The main difference between a discharge and a dismissal in bankruptcy law in Washington is that a discharge is the elimination of certain specified debts, while a dismissal is the removal of the bankruptcy case from the court’s active docket. A discharge is a court order that relieves a debtor of the legal obligation to pay certain debts. This order is only available to those individuals filing Chapter 7 or Chapter 13 bankruptcy. Once a discharge has been granted, the debtor is no longer liable for the debt. In contrast, a dismissal is a court order removing the bankruptcy case from the court’s active docket. A dismissal can occur for several reasons, including if the debtor fails to make required payments or attendance of the debtor’s creditor meeting. When the case is dismissed, the debtor is no longer able to utilize the bankruptcy laws and is responsible for any remaining debt that has not been discharged. The dismissal does not eliminate any of the debt – the creditors retain the right to pursue collection of the unpaid debt. In sum, a discharge eliminates certain specified debts, while a dismissal removes the bankruptcy case from court’s active docket, allowing creditors to continue pursuing the unpaid debt.
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