Bankruptcy Preparation Services

7102 Pendleton Pike Suite 2 Indianapolis, IN 46226

(317) 547-5554

WHAT IS A BANKRUPTCY DISCHARGE AND HOW DOES IT OPERATE?

One of the reasons people file bankruptcy is to get a “discharge”.  A discharge is a court order which states that you do not have to pay most of your debts.  Some debts cannot be discharged.  For example, you cannot discharge debts for:

            ■ most taxes

            ■ child support

            ■ alimony

            ■ most student loans

            ■ court fines and criminal restitution

            ■ personal injury caused by driving drunk or under the influence  of drugs.

The discharge only applies to debts that arose before the date you filed.

Also, if the judge finds that you received money or property by fraud, that debt may not be discharged.

It is important to list all of your property and debts in your bankruptcy schedules.  If you do not list a debt, for example, it is possible the debt will not be discharged.

The judge can also deny your discharge if you do something dishonest in connection with your bankruptcy case, such as destroy or hide property, falsify records, or lie, or if you disobey a court order.

You can only receive a chapter 7 discharge once every 8 years.  No one can make you pay debt that has been discharged, but you can voluntarily pay any debt you with to pay.  You do not have to sign a reaffirmation agreement or any other kind of document to do this.

Some creditors hold a secured claim (for example, the bank that holds the mortgage on your house or the loan company that has a lien on your car).  You do not have to pay a secured claim if the debt is discharged, but the creditor can still take the property.

WHAT IS A REAFFIRMATION AGREEMENT?

Even if a debt can be discharged, you may have special reasons why you want to promise to pay it.  For example, you may want to work out a plan with the bank to keep your car.  To promise to pay that debt, you must sign and file a reaffirmation agreement with the court.  Reaffirmation agreements are under special rules and are voluntary.  They are not required by bankruptcy law or by any other law.  Reaffirmation agreements……….

            •  must be voluntary

            •  must not place too heavy a burden on you or your family

            •  must be in your best interest

            •  can be canceled any time before the court issues your    discharge or within 60 (sixty) days after the agreement is filed with the court, which ever gives you the most time.

If you are an individual and you are not represented by an attorney, the court must hold a hearing to decide whether to approve the reaffirmation agreement.  The agreement will not be legally binding until the court approves it.

If you reaffirm a debt and then fail to pay, you owe the debt the same as though there was no bankruptcy.  The debt will not be discharged and the creditor can take action to recover a judgment against you.

IF YOU WANT MORE INFORMATION OR HAVE QUESTIONS ABOUT HOW THE BANKRUPTCY LAWS AFFECT YOU, YOU MAY NEED LEGAL ADVICE.  THE TRUSTEE IN YOUR CASE IS NOT RESPONSIBLE FOR GIVING YOU LEGAL ADVICE.