Simple English definitions for legal terms
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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.
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.
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.
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.