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Simple English definitions for legal terms

dischargeable debts

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A quick definition of dischargeable debts:

Dischargeable debt is debt that can be eliminated when someone files for bankruptcy. This means they don't have to pay the debt anymore and creditors can't take legal action against them. Some common dischargeable debts include credit card debt and medical bills, but some debts like taxes and child support can't be discharged. The rules for dischargeable debt depend on the type of bankruptcy filed. In Chapter 7, individuals can usually discharge their debt, but there are some exceptions. In Chapter 11, discharge is available when a repayment plan is confirmed. In Chapter 12 and 13, debt can be discharged after completing a payment plan and meeting certain requirements.

A more thorough explanation:

Dischargeable debt is a type of debt that can be eliminated after a person files for bankruptcy. This means that the debtor will no longer be personally responsible for paying the debt, and creditors cannot take legal action to collect the debt. However, not all debts can be discharged through bankruptcy.

  • Credit card debt
  • Medical bills
  • Personal loans
  • Utility bills

These debts can be discharged through bankruptcy because they are considered unsecured debts, meaning they are not tied to any collateral or property. This means that if the debtor cannot pay the debt, the creditor cannot take any property or assets to satisfy the debt.

  • Domestic support obligations (such as child support or alimony)
  • Tax debts
  • Student loans (in most cases)
  • Criminal fines and penalties

These debts are generally not dischargeable through bankruptcy due to public policy reasons. For example, domestic support obligations are considered a priority debt because they are necessary for the support of dependents. Tax debts are also considered a priority debt because they are owed to the government.

The rules for dischargeable debt vary depending on the type of bankruptcy the debtor files under federal bankruptcy law.

In Chapter 7 cases, individuals can discharge their debt in more than 99% of cases. However, there are grounds for denial, such as presenting a false claim or failure to explain any loss of assets. Secured liens are often non-dischargeable, meaning that if the debtor wants to keep their property, they must sign a reaffirmation agreeing to pay back the debt even if it has been discharged.

In Chapter 11 cases, discharge is generally available to a debtor when they confirm a reorganization and repayment plan. However, if the plan is a liquidation plan rather than a reorganization plan, the debt is not dischargeable unless the debtor is a single individual (not a corporation or partnership).

In Chapter 12 cases, debt can be discharged after a debtor completes payment on their Chapter 12 plan and certifies that all domestic support obligations due before the certification have been paid. Creditors who were paid either in part or in full cannot initiate any further legal actions against the debtor to collect.

In Chapter 13 cases, debt can be discharged after a debtor completes payment on their Chapter 13 plan and meets certain requirements, such as paying all domestic support obligations and completing a financial management course. Chapter 13 discharge encompasses more types of debts than some other types of bankruptcies.

Overall, dischargeable debts are debts that can be eliminated through bankruptcy, but not all debts can be discharged. The rules for dischargeable debt vary depending on the type of bankruptcy the debtor files, and there are certain requirements that must be met before debt can be discharged.

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MIAMI A
[] AromaticTroubledDormouse
20:55
How does one know if they are UR1 or UR2?
[] AromaticTroubledDormouse
20:56
CONGRATS MACAQUE!
TY
got a random stanford email and almost had a heart attack
ALSO CONGRATS!
Congrats1!
21:15
Miami A, yall I'm so excited I could cry.
21:15
Feel like I can finally stop holding my breath!! Whew!!!
[] baddestbunny
22:16
every time I get accosted by a strange man who follows me around because my male coworkers were too busy talking to walk me back to my car I get closer to saying we need to bring back traditional gender roles
Dkk
22:32
Nice! @Macaque
Dkk
22:32
@Aromatic, Have to guess.
Dkk
22:33
That sucks @Bunny do you have to go to the hospital?
[] baddestbunny
22:40
I said accosted not assaulted
23:35
guys. my notre dame address just went long is this good or bad
1a2b3c4d26z
23:37
Oooooo me too
23:37
omg is this good or bad
Dkk
23:47
Idk if gender roles are gunna fix that then.
23:49
it looks like most people who applied in october last cycle didn't get a decision until january... does it even mean anything that our addresses went long??
hows ED 2 compared to ED 1?
Dkk
0:10
No idea
windyMagician
0:34
reporting live to say my ndls address also went long
does it mean anything ^
Dkk
2:21
NDLS and Fordham took a very long time last year. It's good info for people to know.
[] baddestbunny
4:29
let’s get after it boys and girls
Dkk
5:21
I gtg to bed soon.
Dkk
5:22
Big day today. Gunna be a crazy one. I will sleep through the first half.
good morning lsd it is 5 am EST
also jazzy my ndls address went long ages ago i sadly do not think it means anything
my stanford address also went long LOL i think at most it's an indicator it's under review
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