Bankruptcy discharge 2475816 224947345 2008-07-11T03:35:00Z Flowanda 2184097 removed commercial external link not meeting [[WP:RS]] as a source A ''discharge'' in [[United States bankruptcy law]], when referring to a debtor's discharge, is a statutory [[injunction]] against the commencement or continuation of an action (or the employment of process, or an act) to collect, recover or offset a [[debt]] as a personal liability of the debtor. The discharge is one of the primary benefits afforded by relief under the [[Bankruptcy Code]] and is essential to the "fresh start" of debtors following bankruptcy that is a central principle under federal bankruptcy law. A discharge of debts is granted to debtors but can be denied or revoked by the court based on certain misconduct of debtors, including fraudulent actions or failure of a debtor to disclose all assets during a bankruptcy case. The debtor's [[credit report]] will retain evidence of the bankruptcy discharge for seven to ten years. The benefit of the discharge injunction is narrower than (but similar to) the benefit afforded by the [[automatic stay]] in bankruptcy. U.S. law also provides for specialized discharges in bankruptcy (see below). ==Bankruptcy discharge for the debtor== In the United States, there are generally seven kinds of debtor discharges in bankruptcy, found in the following statutes: ::{{usc|11|727(a)}} (relating to liquidation bankruptcies for individuals); ::{{usc|11|944(b)}} (relating to municipal bankruptcies); ::{{usc|11|1141(d)(1)(A)}} (relating to discharges resulting from confirmation of a Chapter 11 plan of reorganization); ::{{usc|11|1228(a)}} (relating to certain family farmer or fisherman cases); ::{{usc|11|1228(b)}} (relating to certain family farmer or fisherman cases); ::{{usc|11|1328(a)}} (relating to certain cases involving adjustment of debts of an individual with regular income); ::{{usc|11|1328(b)}} (relating to certain cases involving adjustment of debts of an individual with regular income). The effect of the debtor's discharge is provided for at {{usc|11|524}}. In addition, certain limitations on the debtor's discharge are described at {{usc|11|523}}. For more information on the debtor's discharge, see [[Bankruptcy in the United States]]. ==Other discharges in bankruptcy== In the United States, with respect to taxes incurred by the bankruptcy estate (as opposed to the debtor) during case administration, a specialized discharge for the trustee, the debtor, any successor to the debtor, and (for cases commenced on or after October 17, 2005) the bankruptcy estate is provided in {{usc|11|505(b)}}. At the conclusion of a case the trustee (if any) may be discharged as trustee under {{usc|11|350(a)}}. [[Category:United States bankruptcy law]] [[Category:Insolvency law]] {{US-law-stub}} ==References== {{reflist}}