What debts are discharged in bankruptcy?

Most unsecured debts are discharged, including credit cards, medical bills, personal loans, and utility arrears. Debts that typically cannot be discharged include student loans (except in hardship cases), most taxes, child support, alimony, and debts from fraud or willful injury.

How long does it take to get a bankruptcy discharge?

In Chapter 7, the discharge typically arrives about 60 days after the 341 meeting, or roughly 3-4 months after filing. In Chapter 13, the discharge comes after completing all plan payments, which takes 3-5 years.

Can a creditor object to my discharge?

Yes. Creditors can file an adversary proceeding arguing that a specific debt should not be discharged due to fraud, misrepresentation, or other exceptions under 11 U.S.C. Section 523. They can also object to your entire discharge under Section 727 for misconduct like hiding assets.

What is the difference between a discharge and a dismissal?

A discharge eliminates your personal liability for qualifying debts permanently. A dismissal ends your bankruptcy case without eliminating any debts, as if you never filed. A dismissal may also impose a waiting period before you can file again.

Can my bankruptcy discharge be revoked?

In rare cases, yes. A discharge can be revoked within one year if the debtor committed fraud, failed to disclose assets, or refused to obey a court order. Revocation requires a court proceeding initiated by the trustee, a creditor, or the U.S. Trustee.

Bankruptcy Waiting Periods: The Complete Chart

This chart shows every combination of prior and new bankruptcy chapter, the applicable waiting period, and the statute that controls it. Waiting periods are measured from filing date to filing date.

Prior Chapter	New Chapter	Wait	Statute
Chapter 7	Chapter 7	8 years	727(a)(8)
Chapter 7	Chapter 13	4 years	1328(f)(1)
Chapter 13	Chapter 7	6 years*	727(a)(9)
Chapter 13	Chapter 13	2 years	1328(f)(2)
Chapter 11	Chapter 7	8 years	727(a)(8)
Chapter 11	Chapter 13	4 years	1328(f)(1)
Chapter 12	Chapter 7	6 years*	727(a)(9)
Chapter 12	Chapter 13	2 years	1328(f)(2)

* Exception for 727(a)(9): The 6-year bar does not apply if the debtor paid 100% of allowed unsecured claims in the prior Chapter 13 case, or paid at least 70% of allowed unsecured claims and the plan was proposed in good faith with best-effort payments.

Key Points to Remember

Filing date to filing date: All periods are measured from the date the prior case was filed, NOT the date of discharge.
No bars on filing: These statutes bar discharge, not filing. You can file at any time -- you just may not receive a discharge.
Chapter 13 without discharge: Filing Chapter 13 without discharge eligibility still gives you the automatic stay and a payment plan, which can be valuable for stopping foreclosure or managing secured debt.

Calculate Your Date

Use our free waiting period calculator to find your earliest eligible filing date.

Cross-References

dischargebar.org -- Discharge bar rules explained
serialfiler.org -- Repeat filer strategies and stay issues
bankruptcyfreshstart.org -- Planning your fresh start
1328f.com screener -- Check your eligibility

This site provides general information about bankruptcy law and does not constitute legal advice. No attorney-client relationship is created by using this site. Consult a licensed attorney for advice about your specific situation.

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