Legal Question in Bankruptcy in Virginia


what does it mean when a bankruptcy is discharged and does that mean you have to pay what ever you filed bankruptcy on.

Asked on 11/07/06, 10:35 pm

1 Answer from Attorneys

James Wilson James H. Wilson, Jr., Attorney & Counsellor at Law
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Re: discharged

You consult with bankruptcy law lawyer to discuss the application of the law to the facts of your particular situation. The following is general legal information.

A bankruptcy is not discharged, it may be dismissed or closed. The court may grant the debtor a discharge. The historical basis for the term "discharge" was the era of debtor's prisons: a debtor could be imprisoned until the debts were paid or the debtor was declared bankruptcy, at which time he was discharged from debtor's prison. Now,at the successful conclusion of a bankruptcy case, a debtor may receive a discharge of all dischargeable debts. The following is a list of debts that may not be dischargeable:

1. Most tax debts.

2. Any debt incurred through fraud.

3. Undisclosed debt.

4. Debt incurred by committing a defalcation while acting in a fiduciary capacity.

5. Debt owed to a spouse, former spouse, or child.

6. Debt owed for a willful and malicious injury to another or property of another.

7. Government fine, penalty, or forfeiture.

8. Debt owed for death or personal injury caused by operation of a vehicle, vessel, or aircraft wile intoxicated from alcohol, drugs, or other substance.

9. Debt that could have been discharged had it been listed, or debt that was denied discharge, in a previous bankruptcy case.

10. Debt owed for malicious or reckless failure to fulfill any commitment owed to a federal depository institution.

11. Criminal restitution obligations.

12. Any debt incurred in order to pay tax debts that would have been nondischargeable.

13. Debts related to court costs.

14. Student loan debt.

15. Homeowners’ assessments.


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Answered on 11/08/06, 7:24 am

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