Richard J. Shurtz, Attorney at Law
Menu/Navigate

Domestic Violence
Protection Orders

Telephone: 425-329-3601
Toll-Free: 888-705-3360

Chapter 7 bankruptcy makes most debts unenforceable

Personal bankruptcies are generally achieved through two types of filings: Chapter 7 and Chapter 13. A Chapter 7 bankruptcy is a liquidation bankruptcy, while a Chapter 13 bankruptcy is a reorganizational bankruptcy. Regardless of the type for which a Washington resident files, debts that are discharged when the bankruptcy is finalized become unenforceable for creditors. 

A bankruptcy filing is defined as request from a debtor to have his or her debts formally discharged -- or made unenforceable. Once a debt has been formally discharged through the bankruptcy process, creditors may no longer seek repayment from debtors. This means that a debtor is no longer required to pay the debt back, and the creditor cannot make phone calls, send collection notices or take any other kind of action related to attempt to collect the debt.

However, the creditor does have a say in this process. Some debts are not eligible for complete discharge in a Chapter 7 bankruptcy, although they may qualify for a reorganization plan through a Chapter 13. Should a creditor believe that a debtor is attempting to have a non-qualified debt discharged, the creditor can dispute the claim. However, this must be done within a set period of time.

Whether stemming from medical bills, credit cards, personal loans or other types of credit arrangements, when personal debt reaches a breaking point, action may be necessary. Countless individuals in Washington have gone through the process of successfully completing a Chapter 7 or Chapter 13 bankruptcy, rendering their discharged debt unenforceable by creditors. This action help can clear the path for future financial stability free of the burden that debt often creates.

Source: waeb.uscourts.gov, "FAQ", Accessed on April 12, 2015

No Comments

Leave a comment
Comment Information