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William K. Thomas 

Attorney at Law


What is a Bankruptcy Discharge?

Posted on October 16, 2019 at 4:55 PM

The reason people file for bankruptcy is to be discharged from paying debts. Certain debts, however, cannot be discharged. A bankruptcy filer cannot be discharged from taxes, court fines and criminal restitution, personal injury judgments if caused by drunk driving or under the influence of drugs, child support or maintenance to a former spouse if ordered by a court, and most student loans.

No debt will be discharged that was incurred after the bankruptcy filing date. A debt not listed within the bankruptcy petition might not be discharged unless the petition is amended to include that debt.

A bankruptcy judge can deny a discharge if the judge finds dishonesty in connection with the case, such as fraudulently hiding or transferring property, falsifying income records, or disobeying a court order.

A secured debt can be discharged but the creditor has the right to take the collateral.

Hopefully, this information will help you determine whether or not filing for bankruptcy relief is in your best interests. If you have more questions, please call the office of William K. Thomas at 618-544-8425.

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