What is a discharge in bankruptcy?
A discharge in bankruptcy is a court order that releases a debtor from personal liability for certain debts. This means that the debtor no longer has to pay the debts that have been discharged. In California, a debtor can file for either a Chapter 7 or Chapter 13 bankruptcy. In Chapter 7 bankruptcy, a discharge can generally be obtained in around four months after filing. In Chapter 13, the debtor must make payments for three to five years, and at the end of that period, a discharge can be obtained. When a bankruptcy is discharged, the debts that are discharged are generally not collectable. This means that creditors will not be able to contact the debtor and demand payment, nor will they be able to file a lawsuit against the debtor. The debtor will still be liable for any debts that are not discharged, such as student loans, child support payments, and taxes. In California, the types of debts that can be discharged in bankruptcy depend on whether the debtor files under Chapter 7 or Chapter 13. Generally, most unsecured debt such as credit cards and medical bills can be discharged in either type of bankruptcy. However, certain debts such as alimony and child support cannot be discharged in Chapter 7 bankruptcy. In summary, a discharge in bankruptcy is a court order that releases a debtor from personal liability for certain debts. This means that the debtor no longer has to pay those debts, and creditors are not allowed to contact the debtor and demand payment. The types of debts that can be discharged depend on the type of bankruptcy that the debtor filed, and certain debts such as child support cannot be discharged in Chapter 7 bankruptcy.
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