The phrase
"to discharge the debt" means to pay off or settle a debt completely, so that you no longer owe any money.
Full definition
Though bankruptcy is the most common cause
of discharged debt, other factors may affect a discharge, especially in the case of student loans.
If you ca
n't discharge your debts under a Chapter 7 bankruptcy — such as alimony and student loans — then Chapter 13 may be your only solution.
They have no legal authority to
discharge your debts as they are not accredited counselors, paralegals, or licensed bankruptcy trustees.
If so, they will
discharge your debt with Chapter 7 bankruptcy filing or will approve a payment plan with a Chapter 13 bankruptcy filing.
However, the bankruptcy law considers it abusive to
discharge your debt if you make above a certain amount of money.
Unfortunately, under current federal law, it is almost impossible for student - loan borrowers to
discharge their debts by filing for bankruptcy.
If you elected to pursue some other solution, like bankruptcy, to
discharge your debt quickly, you would not make monthly payments into an extended repayment plan.
The proceeds will be applied to
discharge any debt owed to the landlord, to satisfy the claims of secured creditors and the residue will be paid to the tenant.
You may qualify for both of them or you may be limited to the type of bankruptcy that does
not discharge your debt.
Negotiated debt settlement is a general term for
discharging debt in a way that appeals to the credit card holder and the card's issuer.
Lenders are prohibited from trying to collect
on discharged debt, including by incorrectly reporting your loans as past due or charged off in order to coerce you into paying.
Citizens filing for any type of bankruptcy — Chapter 7, 11, 12 or 13 — are eligible
for discharging debt.
Once you have made all required payments and completed your duties in a proposal, your consumer proposal administrator will issue to you and the creditors a Certificate of Full Performance, which officially
discharges the debts included in your proposal.
However, if you work in a public service job and make 120 qualifying repayments, you may qualify for the Public Service Loan Forgiveness program,
which discharges any debt remaining after 10 years.
Bankruptcy is a court proceeding in which a judge and court trustee examine the assets and liabilities of individuals and businesses who can't pay their bills and decide whether to
discharge those debts so they are no longer legally required to pay them.
Some of the new student loan refinancing startups, such as Earnest, will
actually discharge your debt with them if you die or are permanently disabled.
With a Chapter 7 bankruptcy, the bankruptcy will
only discharge the debts of the person filing the bankruptcy, not the debts of the filer's spouse.
NEW
PLAN Discharged debt in the event of death or total and permanent disability will no longer be taxable.
Filing for bankruptcy has a bad reputation in many circles due to the fact that it damages your credit and
involves discharging debts that will likely never be repaid.
You may even have the right to collect money damages and have your attorney fees paid if a debt collector violates your discharge
The bankruptcy court treated the $ 7,000 second mortgage as an unsecured debt and
discharged the debt when the creditor did not make any proof of claim for the money.
Here is my checklist — developed over many years of talking with thousands of indebted people — to determine
whether discharging debt makes sense.
But if you've got some generous friends or family who don't mind dipping into their pockets, then it may be simplest to
just discharge the debt in its entirety.
Many people file for Chapter 13 bankruptcy because they were not eligible to file for Chapter 7 bankruptcy, which liquidates your assets to pay off creditors and
discharges your debts immediately.
There have been other cases that have further pushed the boundary, but more importantly the rulings open the door for more and more people to argue that their specific circumstances
warrant discharging the debts in bankruptcy.
[xxi] These figures are consistent with the Fecek opinion, since the Fecek court was willing to
partially discharge a debt where there was little to no chance the debtor would ever have the ability to repay.