{"id":286912,"date":"2021-02-16T09:35:02","date_gmt":"2021-02-16T14:35:02","guid":{"rendered":"https:\/\/content.findlaw-admin.com\/ability-law\/bankruptcy\/chapter-7\/what-is-a-chapter-7-debt-discharge.html"},"modified":"2026-07-10T16:25:23","modified_gmt":"2026-07-10T21:25:23","slug":"what-is-a-chapter-7-debt-discharge","status":"publish","type":"page","link":"https:\/\/www.findlaw.com\/bankruptcy\/chapter-7\/what-is-a-chapter-7-debt-discharge.html","title":{"rendered":"Chapter 7 Bankruptcy Discharge: What It Is and How It Works"},"content":{"rendered":"\n
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Chapter 7 Bankruptcy Discharge: What It Is and How It Works<\/h1>\n\n
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\n By Christie Nicholson, J.D.<\/a> | Legally reviewed by Catherine Hodder, Esq.<\/a>\n | Last updated\n
\n \n <\/i>\n Legally Reviewed\n <\/summary>\n\n
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This article has been written and reviewed for legal accuracy, clarity, and style by FindLaw\u2019s team of legal writers and attorneys<\/a> and in accordance with our editorial standards<\/a>.<\/em><\/p>\n\n <\/div>\n <\/details>\n\n

\n \n <\/i>\n Fact-Checked\n <\/summary>\n\n
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The last updated date refers to the last time this article was reviewed by FindLaw or one of our contributing authors<\/a>. We make every effort to keep our articles updated. For information regarding a specific legal issue affecting you, please contact an attorney in your area<\/a>.<\/em><\/p>\n\n <\/div>\n <\/details>\n<\/section>\n\n\n

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Key Takeaways<\/h2>\n

A Chapter 7 debt discharge is a court order that releases you from personal liability<\/span> for certain debts, meaning you no longer have to pay them back. The bankruptcy judge typically discharges your debts about four months after you file bankruptcy. This also happens to be about four months from when the automatic stay<\/span> kicks in to prevent creditors from pursuing collection action<\/span> against you. There are some debts, such as student loans<\/span>, child support<\/span>, recent taxes, and criminal restitution, that are non-dischargeable<\/span>. You will still have to pay these debts back once your bankruptcy is complete.<\/p>\n\n <\/div>\n <\/div>\n<\/div>\n\n\n

No matter what type of bankruptcy<\/span> you seek under the U.S. Bankruptcy Code<\/span><\/a>, there is a good chance some or all of your debt will be dischargeable. A discharge means that, after your bankruptcy case<\/span> is complete, you are no longer liable for the debt and will not have to pay it back.<\/p>\n

A bankruptcy discharge<\/span> also means that the creditors you owe, such as a hospital or credit card<\/span> company, cannot take collection action<\/span> against you once the court discharges the debt. This is one of the primary reasons people opt for Chapter 7 bankruptcy<\/span><\/a> instead of a Chapter 13 <\/span>bankruptcy<\/span> case<\/span><\/a>.<\/p>\n

In this article, we will explain what it means for a debt to be discharged in bankruptcy. We will also discuss the types of debt<\/span> that are dischargeable as compared to those that are non-dischargeable<\/span>.<\/p>\n

If you\u2019re considering filing bankruptcy but aren\u2019t sure if Chapter 7 is the best option, contact a local bankruptcy attorney<\/span><\/a>. They\u2019ll review your financial situation and advise you on how best to proceed.<\/p>\n

Bankruptcy Basics<\/span>: Chapter 7 vs Chapter 13<\/h2>\n

People often file for Chapter 7 bankruptcy<\/span><\/a> to get rid of their debts and enjoy a fresh start<\/span>. In most Chapter 7 <\/span>bankruptcy<\/span> cases<\/span>, the debtor has significant credit card<\/span> debt<\/span>, medical bills<\/span>, and other unsecured debt<\/span>. At the end of their bankruptcy, the trustee or bankruptcy judge discharges most, if not all, of this debt.<\/p>\n

Debtors who file a Chapter 13 bankruptcy<\/span><\/a> are interested in reorganizing or restructuring their debt, not eliminating it. This is usually because the individual has a home they want to keep or other valuable personal property. At the completion of a Chapter 13 repayment plan<\/span>, the person still owes their debts, but they are in a much better position to manage their monthly payments.<\/p>\n

If you’re overwhelmed by debt and don\u2019t have much in the way of real estate or personal property, Chapter 7 may be your best option. If the\u00a0bankruptcy trustee<\/span>\u00a0approves your filing, the\u00a0bankruptcy court<\/span>\u00a0will discharge the debts you listed on your bankruptcy schedule, and you will emerge debt-free.<\/p>\n

If you do pursue a Chapter 7 <\/span>bankruptcy<\/span> case<\/span>, you must pay the requisite filing fee<\/span>. Fees change periodically, but you should expect to pay around $350. If you cannot afford to pay the fee in full, you can request a fee waiver or pay it in installments<\/span>.<\/p>\n

You must also submit proof that you attended a mandatory credit counseling<\/span> course within 180 days of filing your bankruptcy.<\/p>\n

What Is a Chapter 7 Debt Discharge?<\/h2>\n

A Chapter 7 <\/span>bankruptcy<\/span> discharge<\/span> is a permanent court order banning lenders<\/span> from taking collection action<\/span><\/a> on debts you included in your bankruptcy petition<\/span>. Furthermore, creditors can no longer negatively report the account on your credit report.<\/p>\n

A bankruptcy discharge<\/span> prevents creditors from engaging in the following:<\/p>\n