Bankruptcy discharge
From Wikipedia, the free encyclopedia
A discharge in United States bankruptcy law, when referring to a debtor's discharge, is a statutory injunction against the institution or continuation of all actions to enforce or collect on discharged debts (the discharge injunction). The discharge is one of the primary benefits afforded by relief under the Bankruptcy code.
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).
[edit] Bankruptcy discharge for the debtor
In the United States, there are generally seven kinds of debtor discharges in bankruptcy, found in the following statutes:
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- 11 U.S.C. § 1141(d)(1)(A) (relating to discharges resulting from confirmation of a Chapter 11 plan of reorganization);
The effect of the debtor's discharge is provided for at 11 U.S.C. § 524. In addition, certain limitations on the debtor's discharge are described at 11 U.S.C. § 523.
For more information on the debtor's discharge, see Bankruptcy in the United States.
[edit] 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 11 U.S.C. § 505(b).
At the conclusion of a case the trustee (if any) may be discharged as trustee under 11 U.S.C. § 350(a).