What Is A Bankruptcy Discharge?

A discharge is a court order that eliminates debt. When you receive a discharge after filing a bankruptcy case, that means that the debts that you brought to the court have been eliminated. Either the court has liquidated all your non-exempt assets to pay them off, your debt was reorganized into a payment plan and paid off, or you were declared to have no assets by the court and your debt was eliminated. Once these debts are eliminated by the court through a discharge, you are no longer liable for them.

In order to receive a discharge from the court, you have to file for bankruptcy, complete debt education and credit counseling courses, meet with your creditors and answer questions about your finances, and complete other requirements, depending on the type of bankruptcy you filed.

The goal in both Chapter 7 and Chapter 13 bankruptcy cases is to obtain a discharge of your debts and get a fresh start.

There are some debts, however, that aren’t eligible for discharge, no matter how little income you have or how much debt you owe. These debts include:

• Most types of school loans
• Child support
• Taxes (3 years old or less)
• Alimony
• Criminal penalties
• DUI judgments

Over the past 34 years, the Law Offices of Christopher A. Benson has helped over 2,300 of Washington clients take control of their financial situation. We can review whether bankruptcy may help stop your garnishment and address your debts through a repayment plan. Sources: 11 U.S.C. § 362(a)–(d); U.S. Courts: Chapter 13 bankruptcy. If money has already been garnished, recovery may be possible in some cases, depending on the timing of the transfers, applicable exemptions and other legal requirements. A refund is not automatic or guaranteed. Sources: 11 U.S.C. § 547(b)–(c), (e)–(g); 11 U.S.C. § 522(g)–(i); 11 U.S.C. § 550(a). But you have to act quickly–call (253) 815-6940 for your free consultation, or email us today. Evening and weekend appointments available.