What is discharge?

A discharge is a permanent court order under 11 U.S.C. § 524 that releases a debtor from personal liability on specified debts, meaning creditors can never again collect them. In Chapter 7, the discharge arrives about 60 days after the 341 Meeting of Creditors. In Chapter 13, it comes after completing all plan payments over 3 to 5 years.

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Key facts

  • The discharge is a permanent injunction under § 524 — any creditor who attempts to collect a discharged debt violates the court order and can face contempt sanctions, actual damages, and attorney fees.
  • Approximately 96% of Chapter 7 cases result in a discharge, with the median time from filing to discharge being about 100 days. Of Chapter 13 consumer cases that closed by dismissal or plan completion in 2024, 49% ended in plan completion.
  • Not all debts are dischargeable: student loans (absent undue hardship), recent taxes (within 3 years), child support, alimony, debts from fraud or willful injury, DUI judgments, and government fines survive bankruptcy.
  • A creditor can ask the court to keep certain debts from being discharged under § 523. For complaints covered by § 523(c), the usual deadline is 60 days after the first date set for the meeting of creditors. The court may extend it for cause if a motion is filed before it expires, and different rules apply to Chapter 13 hardship discharges.
  • The entire discharge can be denied under § 727 if the debtor concealed assets, destroyed records, committed perjury on schedules, or failed to complete the debtor education course — this is rare but the consequences are severe.

Related data

What Debts Are Discharged?

The discharge eliminates personal liability on most unsecured debts. The key distinction is between dischargeable and non-dischargeable debts:

Dischargeable Debts

  • Credit card debt — the most common debt eliminated in bankruptcy, with Americans carrying $1.17 trillion in revolving credit card debt
  • Medical bills — hospital bills, doctor bills, dental costs, ambulance fees — medical debt is a factor in approximately 62% of personal bankruptcies
  • Personal loans — unsecured personal loans, payday loans (average APR of 400%), installment loans
  • Utility bills — past-due gas, electric, water, and phone bills
  • Deficiency balances — the remaining balance after foreclosure or repossession — deficiency balances average $50,000-$70,000 on foreclosed properties
  • Civil judgments — most money judgments from lawsuits (unless based on fraud or willful injury)
  • Older tax debts — income taxes due more than 3 years ago, filed more than 2 years ago, and assessed more than 240 days ago

Non-Dischargeable Debts (§ 523)

  • Student loans — unless you prove "undue hardship" in a separate adversary proceeding (the Brunner test requires showing inability to maintain a minimal standard of living. Only about 0.1% of student loan borrowers in bankruptcy attempt the adversary proceeding, and roughly 40% of those who do receive a full or partial discharge, that the hardship will persist for a significant period, and that you made good-faith efforts to repay)
  • Domestic support obligations — child support and alimony
  • Recent taxes — income taxes due within the past 3 years
  • Debts from fraud — credit obtained through materially false financial statements or other fraudulent means
  • Willful and malicious injury — debts from intentional harm to another person or their property
  • DUI/DWI judgments — debts for death or personal injury from intoxicated driving
  • Government fines and penalties — criminal fines, traffic tickets, court-ordered restitution

What Is the Difference Between Chapter 7 and Chapter 13 Discharge?

The two chapters offer different discharge scope:

  • Chapter 7 discharge: Eliminates qualifying debts quickly (about 100 days) but does not cure mortgage arrears or car loan defaults. The debtor surrenders non-exempt assets. In FY 2024, 298,644 Chapter 7 cases were filed.
  • Chapter 13 discharge: Historically offered a broader "super discharge" that eliminated some debts Chapter 7 could not (like willful property damage and divorce property settlements). BAPCPA in 2005 largely eliminated this advantage, but Chapter 13 still discharges debts Chapter 7 cannot in a few narrow circumstances. In FY 2024, 195,971 Chapter 13 cases were filed. Separately, 49% of Chapter 13 consumer cases that closed by dismissal or plan completion in 2024 ended in plan completion.

The critical difference for homeowners: Chapter 7 discharge eliminates unsecured debts but does not save the home. Chapter 13 discharge comes only after completing the plan — which cures the mortgage arrears over 3-5 years.

Can the Discharge Be Revoked?

In rare cases, a discharge already granted can be revoked under § 727(d) if:

  • The debtor obtained the discharge through fraud
  • The debtor acquired property of the estate and concealed it from the trustee
  • The debtor refused to obey a lawful court order or failed to respond to a material question

A party must request revocation for fraud under § 727(d)(1) within one year after discharge. For grounds under § 727(d)(2) or (d)(3), the deadline is one year after discharge or the date the case closes, whichever is later. This is extremely uncommon — courts generally view the discharge as final.

Questions about discharge

How long does it take to get a bankruptcy discharge?

In Chapter 7, the discharge is typically entered about 60 days after the 341 Meeting of Creditors — roughly 3-4 months after filing. In Chapter 13, the discharge comes only after completing all plan payments, which takes 3-5 years. The actual order is issued by the court automatically; you do not need to request it.

Can a creditor still contact me after a discharge?

No. The discharge is a permanent court injunction. Any creditor who attempts to collect a discharged debt — through phone calls, letters, lawsuits, or garnishment — violates the discharge injunction and can be held in contempt of court. You can reopen your bankruptcy case to enforce the discharge and seek damages.

Are student loans dischargeable in bankruptcy?

Student loans are extremely difficult to discharge. You must file a separate adversary proceeding and prove undue hardship — most courts use the Brunner test, requiring proof that you cannot maintain a minimal standard of living, the hardship will persist, and you made good-faith repayment efforts. Some courts are adopting more flexible standards, but discharge remains rare.

What is a denial of discharge vs. a non-dischargeable debt?

A denial of discharge under § 727 means the debtor receives no general Chapter 7 discharge. The bankruptcy case can continue, and the trustee can still liquidate nonexempt estate property. A non-dischargeable debt under § 523 means that specific debt survives while all other qualifying debts are discharged. One is a total failure; the other is a specific exception.

Does discharge eliminate mortgage debt?

A Chapter 7 discharge can eliminate your personal liability on a dischargeable mortgage debt, meaning the lender can't pursue you for a deficiency after foreclosure. An ordinary Chapter 13 discharge excludes certain long-term obligations such as a home mortgage. However, the mortgage lien survives bankruptcy, so the lender retains the right to foreclose on the property if you stop paying. Chapter 13 can cure arrears; Chapter 7 cannot.

Related terms

  • Chapter 7 BankruptcyA bankruptcy process that can discharge many debts and may involve selling nonexempt property to pay creditors.
  • Chapter 13 BankruptcyA bankruptcy process in which a person with regular income proposes a plan to repay debts over time.
  • Automatic StayA bankruptcy protection that generally pauses collection, foreclosure, and some lawsuits when a case is filed.
  • ReaffirmationA voluntary agreement to remain responsible for a specific debt after bankruptcy — usually to keep property like a car. Court approval may be required.
  • Means TestAn income test that helps determine if you qualify for Chapter 7 bankruptcy by comparing your income to your state's median and, if it is above the median, considering allowed expenses.
  • TrusteeA neutral third party who handles the foreclosure sale in non-judicial foreclosure states. Also manages bankruptcy cases.
  • Deficiency JudgmentA court judgment for an unpaid mortgage balance left after a foreclosure sale.
  • DefaultA serious failure to meet the terms of your mortgage — usually missing several payments. Default is what triggers the foreclosure process.

Sources and method

We write with assistance from AI tools. Figures come from the data and sources named on this page.