Where do you find the list of debts that were discharged in your bankruptcy? The answer to that simple question might surprise you!
Bankruptcy Creditors
The debtor in each bankruptcy case tells the court about their specific debts. Whether it be a car loan, credit card, or payday loan, the debtor is responsible for informing the court about all of their debts. After all, nobody knows the debtor’s business more than the debtor themselves.
A bankruptcy does not necessarily discharge all debts. For instance, under current law, student loans are not discharged by the bankruptcy court. Nonetheless, a debtor still lists their student loans on their bankruptcy court. This is because debtors are required to disclose all of their debts at the time of filing.
Where Discharged Debts Go
The bankruptcy court issues a “discharge” at the end of a successful Chapter 7 bankruptcy. The bankruptcy discharge paperwork often times surprises debtors because of what isn’t there.
The discharge paperwork merely states that the debtor’s debts are discharged. That’s right: debts discharged in a bankruptcy are not itemized by the court. Importantly, the court does not specifically enumerate the debts that were not included in the discharge.
Bankruptcy Law Can Be Complicated
Where does that leave a debtor confused about which debts were included in the discharge? Bankruptcy law is complicated. A vast majority of bankruptcy filers choose to hire an attorney to declare bankruptcy. A qualified bankruptcy attorney will determine which debts were discharged by the court.
Contact my office at (916) 333-2222 for questions about declaring bankruptcy in the Sacramento area.