I was wondering if anybody out there knows the exact list of which debts are discharged in a chapter 7. A real bonus would be if anybody has a list of debts discharged in a chapter 13. I was given a no asset discharge in my chapter 7. I just wanted to double check as I have had a creditor call me that was supposedly discharged in my chapter 7. Thanks!
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debts discharged in a chapter 13
I was wondering if anybody out there would happen to know the specific debts (list of them) that are dischargeable in a chapter 13. I was in a chapter 13 but converted over to a no asset 7. When my lawyer did the conversion, he included all the debts in my 13 and then we added some more debts and included them in my 7.
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Hello, I have merged your two threads, as they are essentially the same question. Please do not make multiple threads on the same subject as it becomes too difficult for the posters to follow and keep up with what they have responded with in each thread.
Thank you.
"To go bravely forward is to invite a miracle."
"Worry is the darkroom where negatives are formed."Comment
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Oh, okay. Sorry. Thought since question was about 7 and 13, it was 2 different things. With being in one, converting over, I am a little confused over what was discharged, what wasn't, etc.Comment
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Your Discharge Order should have language on it somewhere--ours was on the back of the form--listing the types of debts that were discharged, those that are not discharge-able, etc. There will also be wording to the effect that you are now free to repay any of the discharged debt that you wish, though now you are not legally bound to.
Some creditors will try to pursue you after discharge; it happened with us. What you do now is to make up a letter to this creditor and inform them that their debt has been discharged as of xxxxxx date, and include a copy of the discharge order with it. Tell them that they are in violation of the bankruptcy laws, and that if they do not stop attempting to collect this discharged debt, you will seek further legal action. Send it by certified mail, and have a return receipt on it. When that card comes back, keep it and the receipts from the post office in your file. You may also want to send a courtesy copy to your attorney, trustee, and judge.
Good luck to you.
"To go bravely forward is to invite a miracle."
"Worry is the darkroom where negatives are formed."Comment
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What kind of debt are you talking about? I think you would get helped faster if you identified the creditor or type of creditor. Certain types of information won't be found on any list - for instance, your second mortgage debt would be dischargeable, but the lien will remain so they can still foreclose.
The debts that are not discharged in a chapter 7 are listed in 11 USC 523. You can read it here. Although this list includes debts that were not listed in your petition, in most places so long as you were a no-asset case, those debts are discharged anyway.
The debts that are not discharged in a chapter 13 are listed in 11 USC 1328 which you can read here.There are two secrets for success in life:
1.) Never tell everything you know.Comment
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