Bankruptcy Discharge


A discharge is a Court order that releases a debtor from all of his or her dischargeable debts. When a debt is discharged, it is no longer enforceable against the debtor personally.

Collection of Discharged Debts Prohibited

The bankruptcy discharge prohibits any creditors attempt to collect from the debtor a debt that has been discharged. For example, a creditor is not permitted to contact a debtor by mail, phone, or otherwise, to file or continue a lawsuit, to attach wages or other property, or to take any other action to collect a discharged debt from the debtor. [In a case involving community property: There are also special rules that protect certain community property owned by the debtor’s spouse, even if that spouse did not file a bankruptcy case.] A creditor who violates this order can be required to pa damages and attorney’s fees to the debtor.

However, a creditor may have the right to enforce a valid lien, such as a mortgage or security interest, against the debtor’s property after the bankruptcy, if that lien was not avoided or eliminated in the bankruptcy case. Also, a debtor may voluntarily pay any debt that has been discharged.

Debts That are Discharged

The chapter 7 discharge order eliminates a debtor’s legal obligation to pay a debt that is discharged. Most, but not all, types of debts are discharged in the debt existed on the date the bankruptcy case was filed. (If this case was begun under a different chapter of the Bankruptcy Code as converted to chapter 7, the discharge applies to debts owed when the bankruptcy case was converted.)

Debts That are Not Discharged in Bankruptcy Cases

Some of the common types of debts which are not discharged in a chapter 7 bankruptcy case are:

  1. Debts for most taxes;

  2. Debts incurred to pay non-dischargeable taxes;

  3. Debts that are domestic support obligations;

  4. Debts for most student loans;

  5. Debts for most fines, penalties, forfeitures, or criminal restitution obligations;

  6. Debts for personal injuries or death caused by the debtor’s operation of a motor vehicle, vessel, or aircraft while intoxicated;

  7. Debts which were not properly listed by the debtor;

  8. Debts that the bankruptcy court specifically has decided or will decide in this bankruptcy case are not discharged;

  9. Debts for which the debtor has given up the discharge protections by signing a reaffirmation agreement in compliance with the Bankruptcy Code requirements for reaffirmation of debts; and

  10. Debts owed to certain pension, profit sharing, stock bonus, other retirement plans, or to the Thrift savings Plan for federal employees for certain types of loans from these plans.

This information is only a general summary of a bankruptcy discharge in Alabama. There are exceptions to these general bankruptcy rules. You should consult a Huntsville or Decatur, Alabama bankruptcy lawyer to determine the exact effect of the discharge in your case. Call Ferguson & Ferguson now to schedule your free initial consultation. Call 256-534-3435. We can help.

Huntsville Office Location:
303 Williams Avenue SW
Suite 321
Huntsville, AL 35801

Decatur Office Location:
211 Oak Street NE
Decatur, AL 35601