When Is a Bankruptcy Considered Discharged?
- A discharge is a court order that releases you from liability for certain debts. Legally, you are no longer required to pay any debts that fall under the bankruptcy discharge. The order for discharge is permanent and prohibits creditors from pursuing any collection activities against you, including phone calls, letters and personal contact. Certain debts are not eligible for bankruptcy discharge, including child support payments, alimony and certain tax debts.
- The timetable from petition to discharge is fairly standardized in a bankruptcy case. Within 20 to 40 days after you submit a petition, you must go to court for the Section 341 meeting of creditors. At this meeting, you must answer questions from your creditors or the bankruptcy trustee regarding your petition. If no objections are lodged against your case in the 60 days after this meeting, you are entitled to a discharge from the bankruptcy court. Due to administrative delays and large caseloads, some bankruptcy districts may not issue you the physical discharge paper immediately after the 60 days.
- Dismissal in a bankruptcy case is a bad thing, and not what you want for your case. Unlike the discharge, which eliminates your debts, a dismissal ends your case without relief. Typical reasons for dismissal include failure to obey court orders, submit proper paperwork or make necessary payments to the court.
- Closing usually occurs shortly after discharge, and has little bearing on your discharge. Closing is an administrative term indicating that your case is completely finished from the perspective of the court, with no more paperwork, administration or proceedings. Your case may be closed whether or not you receive a discharge.
Discharge
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Dismissal
Closing
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