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.

Part of the Open Bankruptcy Project

How to Report a Discharge Injunction Violation

Three channels for reporting: the bankruptcy court, the U.S. Trustee, and the CFPB.

1. The Bankruptcy Court (Contempt Motion)

The most direct path is filing a motion for contempt in the bankruptcy court where your case was filed. The court has the power to:

Order the creditor to cease all collection activity
Award actual damages (financial harm you suffered)
Award emotional distress damages (in many circuits)
Award punitive damages for willful violations
Order the creditor to pay your attorney fees

You may need to reopen your closed case to file the motion. There is typically a small fee to reopen (currently $260 in most districts), though some courts waive this fee. The reopening process is usually straightforward.

2. The U.S. Trustee

The U.S. Trustee's office monitors the bankruptcy system and can take action against creditors who systematically violate the discharge injunction. While the UST typically does not handle individual complaints directly, reporting patterns of abuse can lead to enforcement actions.

To report, contact the U.S. Trustee's office for your district. A list of offices is available at justice.gov/ust.

3. The Consumer Financial Protection Bureau (CFPB)

The CFPB accepts complaints about debt collection practices, including collection on discharged debts. While the CFPB does not enforce the discharge injunction directly, complaints can trigger investigations of creditors and debt collectors.

File a complaint at consumerfinance.gov/complaint. Select "Debt collection" as the product and describe the violation.

4. State Attorney General

Your state attorney general's consumer protection division may also accept complaints about creditors collecting on discharged debts. Some states have consumer protection statutes that provide additional remedies beyond federal bankruptcy law.

What to Include in Your Report

Your bankruptcy case number and court
A copy of your discharge order
The creditor's name and contact information
Detailed description of each violation (dates, times, what was said or done)
Copies of letters, voicemails, credit report entries, or other evidence
Description of any financial or emotional harm you suffered

Cross-References

Contempt motions -- How to enforce the injunction in court
Common violations
dischargeinjunction.com
dischargeinjunction.org

Not legal advice. This page provides general information. Consult a consumer bankruptcy attorney for advice on your specific situation.

Related Guides