Play video

General Scope and Effect of Discharge

Learn about the concept of discharge in bankruptcy, how discharge absolves the debtor of personal liability for all dischargeable debt, the discharge injunction, and the general rule that unavoided liens survive bankruptcy.

Transcript

For the debtor, discharge is the cornerstone of bankruptcy. Many people think that discharge extinguishes or erases debt, but that's not quite true. The bankruptcy discharge doesn't extinguish debt. Rather, among other things, discharge is an injunction against most acts to enforce any discharged debt as the debtor's personal liability. Though discharged debt becomes unenforceable against the debtor personally, it still exists. Accordingly, for instance, a creditor may pursue a...

Lessons

1. Welcome to Bankruptcy
5. Chapter 7 Liquidation
  • Chapter 7 Panel Trustee
  • Distribution of Estate Property in Chapter 7
  • Discharge in Chapter 7
  • Personal-Property Collateral in Chapter 7
  • General Grounds to Dismiss a Chapter 7 Case
  • Introduction to the Means Test and Dismissals or Conversions for Abuse
6. Debt Adjustment in Chapter 13
  • Eligibility to File for Chapter 13
  • The Estate in Chapter 13
  • Introduction to the Chapter 13 Plan of Debt Adjustment
  • Terms Permitted in a Chapter 13 Plan
  • Chapter 13 Confirmation Requirements: Treatment of Secured Claims
  • Chapter 13 Confirmation Requirements: Treatment of Unsecured and Priority Claims
7. Preferences
  • Introduction to Preferences
  • A Transfer to a Creditor or for a Creditor's Benefit Made for or on Account of an Antecedent Debt
  • A Transfer Enabling a Creditor to Receive More Than It Would in Chapter 7
  • The Net-Benefit Rule
  • Contemporaneous Exchanges for New Value
  • Transfers in the Ordinary Course of Business
  • Subsequent New Value