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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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HopefullyInLawSchool
16:06
it means you will not be rejected today and may be accepted or WL in the future
Just got my Michigan rejection
BookwormBroker
16:10
same
RoaldDahl
16:10
@HopefullyInLawSchool: what if i already got rejected. does it mean anything
HopefullyInLawSchool
16:12
@RoaldDahl: Likely not however it could mean nothing
RoaldDahl
16:15
So if it means nothing does that mean something?
HopefullyInLawSchool
16:17
Possibly
RoaldDahl
16:26
Cool
RoaldDahl
16:26
thank you!!!! i hope it means something
pinkandblue
16:31
fart
IrishDinosaur
16:36
Mich R gang lesgooo
Did anyone else get that random get to know nova email?
HopefullyInLawSchool
17:21
Ya it was sent to all YM applicants
starfishies
17:37
Anyone get the NDLS email inviting you to apply for something even though they haven’t made a decision on your app yet
17:38
Better yet I got the email and I was rejected last month
starfishies
17:38
Wtf
starfishies
17:39
and the deadline is in like a week what is this
any cardozo movement?
BatmanBeyond
18:01
Sent a LOCI via portal, but I'm wondering if email would have gotten me a swifter response
BatmanBeyond
18:02
This whole hold/wait-list/reserve system is a headache
loci already?
BatmanBeyond
18:09
If the odds are like 1-2% I don't think it matters much by the numbers
12:11
I got the same NDLS email
OrangeThing
12:18
I think the user profiles are broken
19:29
Any word out of Notre Dame?
19:29
Only the invitation to apply for LSE
19:29
Anyone received a decision from NDLS?
19:50
when did u guys apply that just heard from umich? they havent even glanced at my app yet
0:30
how am i supposed to spy on people when profile links are broken?
Right. Broken links smh
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