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Simple English definitions for legal terms

dischargeable debts

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A quick definition of dischargeable debts:

Dischargeable debt is debt that can be eliminated when someone files for bankruptcy. This means they don't have to pay the debt anymore and creditors can't take legal action against them. Some common dischargeable debts include credit card debt and medical bills, but some debts like taxes and child support can't be discharged. The rules for dischargeable debt depend on the type of bankruptcy filed. In Chapter 7, individuals can usually discharge their debt, but there are some exceptions. In Chapter 11, discharge is available when a repayment plan is confirmed. In Chapter 12 and 13, debt can be discharged after completing a payment plan and meeting certain requirements.

A more thorough explanation:

Dischargeable debt is a type of debt that can be eliminated after a person files for bankruptcy. This means that the debtor will no longer be personally responsible for paying the debt, and creditors cannot take legal action to collect the debt. However, not all debts can be discharged through bankruptcy.

  • Credit card debt
  • Medical bills
  • Personal loans
  • Utility bills

These debts can be discharged through bankruptcy because they are considered unsecured debts, meaning they are not tied to any collateral or property. This means that if the debtor cannot pay the debt, the creditor cannot take any property or assets to satisfy the debt.

  • Domestic support obligations (such as child support or alimony)
  • Tax debts
  • Student loans (in most cases)
  • Criminal fines and penalties

These debts are generally not dischargeable through bankruptcy due to public policy reasons. For example, domestic support obligations are considered a priority debt because they are necessary for the support of dependents. Tax debts are also considered a priority debt because they are owed to the government.

The rules for dischargeable debt vary depending on the type of bankruptcy the debtor files under federal bankruptcy law.

In Chapter 7 cases, individuals can discharge their debt in more than 99% of cases. However, there are grounds for denial, such as presenting a false claim or failure to explain any loss of assets. Secured liens are often non-dischargeable, meaning that if the debtor wants to keep their property, they must sign a reaffirmation agreeing to pay back the debt even if it has been discharged.

In Chapter 11 cases, discharge is generally available to a debtor when they confirm a reorganization and repayment plan. However, if the plan is a liquidation plan rather than a reorganization plan, the debt is not dischargeable unless the debtor is a single individual (not a corporation or partnership).

In Chapter 12 cases, debt can be discharged after a debtor completes payment on their Chapter 12 plan and certifies that all domestic support obligations due before the certification have been paid. Creditors who were paid either in part or in full cannot initiate any further legal actions against the debtor to collect.

In Chapter 13 cases, debt can be discharged after a debtor completes payment on their Chapter 13 plan and meets certain requirements, such as paying all domestic support obligations and completing a financial management course. Chapter 13 discharge encompasses more types of debts than some other types of bankruptcies.

Overall, dischargeable debts are debts that can be eliminated through bankruptcy, but not all debts can be discharged. The rules for dischargeable debt vary depending on the type of bankruptcy the debtor files, and there are certain requirements that must be met before debt can be discharged.

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NosyBeagle
16:59
If you spend a couple months studying, take the test like summer/early fall then you could totally get a good score and dominate ur apps
ParallelAgreeableOrangutan
17:00
As a young potential KJD applicant, there is absolutely no rush and potentially everything to gain by getting work (and life) experience for a year or three
AngryMiniCar
17:00
^^ mmhm
thank you guys!! and no i don't mind the gap year i just want to make sure i'm fully prepared
AngryMiniCar
17:01
Especially cause a good amount of your competition is gonna have at least 1 year of work experience ahead of you.
AngryMiniCar
17:01
Yesss take the gap
ParallelAgreeableOrangutan
17:01
Unless you have like a 4.3 CAS GPA and crazy softs (softs are the non-quantifiable elements in your application that set you apart from others with similar stats)
AngryMiniCar
17:01
^^
ParallelAgreeableOrangutan
17:02
But even so, enjoy being young, trying something you won't have time to try once you're a law student/lawyer
ParallelAgreeableOrangutan
17:03
And that thing will make your application sparkle
ParallelAgreeableOrangutan
17:03
It will also make you sparkle (hopefully!)
NosyBeagle
17:03
take it from me: don't rush to take the lsat while you're trying to finish school you're gonna get a poopy score, and have to try again later anyways so be smart and take a load off. you got this
well unfortunately my gpa is sitting at a 3.5 or so because i did get a c in calc when i was 15... but i did see retaking classes doesnt affect the lsac gpa but again thank you guys!! luckily these two semesters aren't too bad for me but hopefully i can find something aligned with my interests to help me w that
ParallelAgreeableOrangutan
17:06
What was it like starting college at... 15?
AngryMiniCar
17:07
15????
ParallelAgreeableOrangutan
17:07
I mean I'm just doing the math (I think)
NosyBeagle
17:07
a 3.5 is still good.
NosyBeagle
17:07
also don't go on r/lawschooladmissions cus they're gonna tell you to die pretty much
ParallelAgreeableOrangutan
17:09
What are your career goals? Why do you want to be a lawyer? Asking both because you'll need to get clear on that for your admissions essays and because I'm super curious lol
NosyBeagle
17:10
^^
So I did dual enrollment and summer classes for my paralegal cert (that I haven’t finished) and not ACTUALLY started college. I barely graduated hs last year actually! But I wanted to originally work gov because I did get sexually assaulted as a child and recently had trial 3 weeks ago (after the case became a 3-4 year ordeal) and he was actually acquitted of all charges UNFORTUNATELY but that kinda inspired me when I was younger
NosyBeagle
17:13
I'm so sorry to hear that ): I think you'd be a strong advocate for kids.
And I do know im going to get paid peanuts as some may put it so if im in debt maybe ill do whatever, and i do know corporate is a stretch but i have been working since i was 14 so i feel like id be able to handle the workload of that… and just do pro bono cases if i dont want to be “poor” for long
And thank you! It definitely hasn’t been easy and I have been trying to be more vocal about that recently especially on social media and getting my story out
NosyBeagle
17:22
Yes I defintely think you deserve a BREAK and hopefully you do too. You've been through so much. Also u can totally minimize ur debt with saving a buttload of money. but it is ok. all of us are gonna be in the hole for awhile
ParallelAgreeableOrangutan
18:03
I'm sorry that happened to you! Definitely agree with the above, you definitely deserve a break. Hopefully you can find something that pays bills and gives you some peace and enjoyment, then jump into law school grounded and rested. (Sorry for the slow reply, hope you see it)
ParallelAgreeableOrangutan
18:06
We are rooting for you
Bettercaulsaul
21:46
Minor set back for a major comeback you got this
23:20
@ParallelAgreeableOrangutan: I appreciate u always hyping everyone up and being a stand up person/giving good advice on here, bravo
23:21
@GratefulSpecialSloth: things can change fast, aim for small incremental improvements each day and you will get where you need to be! Rooting for you as well!
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