What is a dischargeable debt?

A dischargeable debt is a debt that can be wiped out or “discharged” in a bankruptcy case in West Virginia. Generally, this means that the debtor can no longer be held liable for the debt and will no longer owe money to the creditor. In West Virginia, most types of personal debts are dischargeable, including medical debts, credit card debts, and personal loans. However, there are some types of debt that are not eligible for discharge, such as student loans, child support, alimony, and certain taxes. In order to qualify for a discharge of a debt, the debtor must meet certain criteria set out in the Bankruptcy Code. For instance, they must have filed the bankruptcy petition in good faith, which means that they did not do so as a way to avoid paying their debts. Furthermore, the debtor must have completed courses in financial management and credit counseling prior to filing for bankruptcy. Finally, the creditor must not have provided false or misleading information on the original loan agreement. If all of these criteria are met, the debtor can file a petition to have his or her eligible debts discharged. This means that the debtor no longer has to make payments to the creditor and can move on with his or her life without the worry of having to pay the debt.

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