Texas Discharge of Debtor in a Chapter 7 Case is a court order that is issued by the bankruptcy court when a debtor has successfully completed Chapter 7 bankruptcy. This order releases the debtor from all personal liability for the debts that were included in the bankruptcy filing. This means that the debtor is no longer legally responsible for repaying those debts and creditors cannot pursue collection action against them. There are two types of Texas Discharge of Debtor in a Chapter 7 Case: absolute discharge and conditional discharge. An absolute discharge releases the debtor from all personal liability for the debts listed in the bankruptcy filing, regardless of the outcome of the bankruptcy case. A conditional discharge releases the debtor from all personal liability for the debts listed in the bankruptcy filing, but only if the bankruptcy case is successful. In both cases, the debtor is no longer legally responsible for repaying those debts and creditors cannot pursue collection action against them.
Texas Discharge of Debtor in a Chapter 7 Case
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FAQ
A Chapter 7 bankruptcy may stay on credit reports for 10 years from the filing date, while a Chapter 13 bankruptcy generally remains for seven years from the filing date. It's possible to rebuild credit after bankruptcy, but it will take time.
No matter which form of bankruptcy is sought, not all debt can be wiped out through a bankruptcy case. Taxes, spousal support, child support, alimony, and government-funded or backed student loans are some types of debt you will not be able to discharge in bankruptcy.
The discharge is a permanent order prohibiting the creditors of the debtor from taking any form of collection action on discharged debts, including legal action and communications with the debtor, such as telephone calls, letters, and personal contacts.
Filers are usually hoping to get a bankruptcy discharge. That's the order that wipes out certain debts and gives you a fresh start. A dismissal is very different. It means your case has been stopped before the court granted a discharge.
An individual receives a discharge for most of his or her debts in a chapter 7 bankruptcy case. A creditor may no longer initiate or continue any legal or other action against the debtor to collect a discharged debt. But not all of an individual's debts are discharged in chapter 7.
Once the debt is discharged by the bankruptcy court, the discharge permanently bars the creditor or debt collector from collection of the debt. Filing for bankruptcy can have long-term consequences so consult a bankruptcy attorney to learn more.
A discharge releases a debtor from personal liability of certain debts known as dischargeable debts, and prevents the creditors owed those debts from taking any action against the debtor or the debtor's property to collect the debts.