The decree of the bankruptcy court which terminates the bankruptcy proceedings is generally a discharge that releases the debtor from most debts. A bankruptcy court may refuse to grant a discharge under certain conditions.
The decree of the bankruptcy court which terminates the bankruptcy proceedings is generally a discharge that releases the debtor from most debts. A bankruptcy court may refuse to grant a discharge under certain conditions.
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The court may deny a chapter 7 discharge for any of the reasons described in section 727(a) of the Bankruptcy Code, including failure to provide requested tax documents; failure to complete a course on personal financial management; transfer or concealment of property with intent to hinder, delay, or defraud creditors; ...
While Chapter 7 bankruptcy exemptions differ depending on the state or federal exemption system applied, typical exemptions include: A certain amount of home equity. A certain amount of a car's value. Clothing and some jewelry. Many household goods. Some tools of the trade. Spousal or child support. Most insurance benefits.
Exemptions allow you to keep some assets safe in bankruptcy, such as an inexpensive car, professional tools, clothing, and a retirement account.
However, exempt property in a California bankruptcy is generally described as: Your main vehicle. Your home. Personal everyday items.
Exempted property in a bankruptcy can include the car you need to drive to work and to the store for food. It can include the tools you need to do your job. It can include the house in which you live, and the furniture and appliances and other household goods that make the house your home.
A typical party in interest would include the bankruptcy trustee, other creditors in the same bankruptcy case, and, in some situations, the debtor. For instance, a Chapter 7 debtor will have standing to object?and thereby be an interested party?only if doing so might put money in the debtor's pocket.
Types of debt that cannot be discharged in bankruptcy include alimony, child support, and certain unpaid taxes. Other types of debt that cannot be alleviated in bankruptcy include debts for willful and malicious injury to another person or property.
If a debt arose from the debtor's intentional wrongdoing, the creditor can object to discharging it. This might involve damages related to a drunk driving accident, for example, or costs caused by intentional damage to an apartment or other property.