A chapter 7 discharge covers all debts, contingent, unliquidated, disputed.

Answer Applies to: Georgia
Replied: 1/12/2012

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Not all debts are necessarily discharged or dischargeable. For reference, see the general notice that accompanies discharge orders in the S. District of California: Debts That are Discharged The chapter 7 discharge order eliminates a debtor's legal obligation to pay a debt that is discharged. Most, but not all, types of debts are discharged if the debt existed on the date the bankruptcy case was filed. (If this case was begun under a different chapter of the Bankruptcy Code and converted to chapter 7, the discharge applies to debts owed when the bankruptcy case was converted.) Debts That are Not Discharged Some of the common types of debts which are not discharged in a chapter 7 bankruptcy case are: a. Debts for most taxes; b. Debts incurred to pay nondischargeable taxes; c. Debts that are domestic support obligations; d. Debts for most student loans; e. Debts for most fines, penalties, forfeitures, or criminal restitution obligations; f. Debts for personal injuries or death caused by the debtor's operation of a motor vehicle, vessel, or aircraft while intoxicated; g. Some debts which were not properly listed by the debtor; h. Debts that the bankruptcy court specifically has decided or will decide in this bankruptcy case are not discharged; i. Debts for which the debtor has given up the discharge protections by signing a reaffirmation agreement in compliance with the Bankruptcy Code requirements for reaffirmation of debts; and j. Debts owed to certain pension, profit sharing, stock bonus, other retirement plans, or to the Thrift Savings Plan for federal employees for certain types of loans from these plans. This information is only a general summary of the bankruptcy discharge. There are exceptions to these general rules. Because the law is complicated, you may want to consult an attorney to determine the exact effect of the discharge in this case. This answer (by San Diego bankruptcy attorney, Asaph Abrams) doesn't address all facts & implications of the question; it's general info, not legal advice to be relied upon. It creates no attorney-client relationship; it may be pertinent to CA and/or its Southern District Bankruptcy Court only, and it's independent of other answers. Hire legal counsel before acting or refraining from bankruptcy/legal action.

Answer Applies to: California
Replied: 1/11/2012

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Not sure what you mean by "not liquidated". In bankruptcy lingo, that simply means the amount of the debt has not been determined. If you mean the debt was not discharged, the question then is what was the basis for the debts not being discharged? If certain debts were not discharged and if you have received your general discharge of your other debts, the debts that were deem to be non-dischargeable are never dischargeable in bankruptcy ever. So, there would be little for you to do about that.

Answer Applies to: North Carolina
Replied: 1/9/2012

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Chapter 7 is a liquidation proceeding. This means that non-exempt assets will be sold by the trustee and the creditors will be paid a dividend from the proceeds. So this is a liquidation of assets. Chapter 7 does not liquidate debts. Debts are dischargeable except as provided in section 523 of the bankruptcy code. For instance, most income taxes, child and spousal support and student loans are not dischargeable. Consult with an attorney for advice on what debts are not dischargeable.

Answer Applies to: California
Replied: 1/6/2012

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The court will liquidate your assets if you have any that are not exempt to pay off creditors. Your debts are not liquidated. Your debts should be discharged.

Answer Applies to: Michigan
Replied: 1/6/2012

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There are several reasons for that. You need to see a lawyer ASAP. By using he word "liquidated" do you mean "discharged".

Answer Applies to: California
Replied: 1/6/2012

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Your debts are not liquidated your assets are and your debt is discharged. If you have debt that has survived bankruptcy that would mean its non dischargeable or was not properly listed. You should consult with an attorney.

Answer Applies to: Florida
Replied: 1/6/2012

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Debts are not liquidated. Debts can be subject to discharge and certain debts are not dischargable.

Answer Applies to: Indiana
Replied: 1/6/2012

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Likely that the trustee felt your assets did not have enough value to be worth seizing and liquidating. If you received your discharge and your case is closed, then you can do what you like with your assets.

Answer Applies to: New York
Replied: 1/6/2012

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All of your debts except things like student loans, income taxes, and debts from intentional conduct such as fraud should be discharged.

Answer Applies to: Illinois
Replied: 1/6/2012

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Some debts are not dischargeable in a Ch 7, such as student loans, child support, criminal fees, etc. It may be that your fall in one of these categories. Or perhaps you didn't provide notice to all your creditors, or it could be that some of them were bills for non-essentials incurred in the 90 days before filing. Hopefully you had an attorney, get with them and find out how to handle the ones that should have been discharge.

Answer Applies to: Michigan
Replied: 1/6/2012

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Learn a lesson that you do not go to court without a lawyer. With a lawyer you would have eliminated all the debts you could have, and would have known in advance what debts could not be discharged. There are no do-overs in law. You've taught others why they need lawyers.

Answer Applies to: Georgia
Replied: 1/6/2012

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You should talk to the lawyer who you hired to file this bankruptcy. If you did not hire a lawyer for this very complex and very dangerous and difficult endeavor, you should start by rethinking your life choices. By liquidated I assume you mean discharged. Secured debts are not discharged unless you surrender the security. And as for other debts, perhaps you filed deficiently or improperly. Otherwise, perhaps creditors are violating your rights.

Answer Applies to: Connecticut
Replied: 1/5/2012

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There are certain types of debt in a bankruptcy that are considered non-dischargeable (meaning you will still be required to pay it after your bankruptcy is discharged) such as: student loans, domestic support obligations, drunk driving debts, certain tax debt, etc. This list is not exhaustive of all non-dischargeable debt; however, it gives you an example that there are certain types of debts that remain your obligation after a bankruptcy. I am not sure what type of debt was not discharged in your case based off of the information you provided. You may want to look up the type of debt that has remained your obligation after your bankruptcy and make sure that it is dischargeable. If it is debt that was discharged and the lender is attempting to collect after you have received your discharge order, the lender may be in violation of your discharge order and possibly subject to financial sanctions.

Answer Applies to: Florida
Replied: 1/5/2012

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I am not sure why your debts are all liquidated. They should have been liquated. They might be debts that cannot be discharged by law such as student loans and some taxes. More information is needed regarding the debts you still have. If you have an attorney, you should consult an attorney.

Answer Applies to: California
Replied: 1/5/2012

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Liquidated is a term that means selling your assets by the bankruptcy trustee to pay debts. Debts are discharged in bankrutpcy and assets liquidated by the bankrutpcy trustee (unless the assets were exempted or protected from liquidation as in most cases). I don't know why your debts were not discharged if that was the case. There are some debts that are not dischargeable such as support for children/spouse, fines, debts related to injuries you caused drunk driving, where it was proven you committed fraud and student loan (with some exceptions). If your debts were for credit cards, medical bills, personal loans, repossessed cars and for loans balances after foreclosure then all those debts should have been discharged. You need to be more specific as to the types of debts you thought would be discharged and were not and explain how you know those debts were not discharged.

Answer Applies to: California
Replied: 1/5/2012

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If you filed for a chapter 7 bankruptcy and the debt was included in the petition and you received a discharge you those debts are discharged. You are not legally responsible for them. I am not sure why they wouldn't be discharged and would need to know more about your situation. Maybe they weren't included or you did not receive a discharge for some reason.

Answer Applies to: New York
Replied: 1/5/2012

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I have been asked this question a number of times, but the answer depends on why you think your debts weren't eliminated. It is very rare to have debts remaining after a Chapter 7 Discharge Order has been entered. Was your case dismissed? If so, the debts were not eliminated. If you are eligible to re-file, you may do so. If you think they were not eliminated because there are balances on your credit report, you need to send copies of your bankruptcy papers and a letter to the credit reporting agencies to ask them to correct the errors. It is also possible you are concerned with a debt that would not be eliminated in Chapter 7 such as a student loan. It is also possible that the debt you are concerned with was not listed on your papers. Intentionally omitted debts may not be discharged. Accidentally omitted debts may be eliminated.

Answer Applies to: Wisconsin
Replied: 1/5/2012

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All unsecured debts are discharged at the end of chapter 7 with a discharged entered. There are a few exceptions, such as student loans, certain taxes, etc. If your credit report states otherwise, then you should dispute the amounts and send the credit bureau a copy of your discharge. You are discharged of your liability to repay secured debts unless you reaffirmed the debt. You have to continue making payments on anything you kept with a secured lien.

Answer Applies to: Florida
Replied: 1/5/2012

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I am not sure about the debts that you are talking about. Some debts are not discharged, student loans, taxes, secured debts on items you keep and the like. If they are attempting to collect on debts that are discharged they must be stopped.

Answer Applies to: Colorado
Replied: 1/5/2012

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Without knowing what you mean by "not all my debts were liquidated" it's hard to answer. Assuming you mean not all your debts were discharged, there could be several reasons. First, some debts are not dischargeable. These include most taxes, child support obligations, student loans and a few others. Secondly, in the case of secured debt it's important to keep in mind the distinction between the debt and the collateral. Even though you might not owe the bank for your car after a bankruptcy, the bank can still repossess the car. So if you want to keep property that was collateral for a loan before you filed, you still have to pay that debt. Even though the personal liability for the debt goes away, meaning the bank can't sue you and try to collect from your wages or other property, it can repossess and sell any collateral that it had before you filed. That could be another reason that a debt wasn't "discharged." The debt actually was discharged, but if you want to keep the collateral, you have to pay for it. However, you can walk away from the car because you have a discharge. In that case, though, you have to give the car back or expect it to be repossessed.

Answer Applies to: Utah
Replied: 1/5/2012

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If the order of discharge has already be issued, reopen the case and add all of these debts on your schedule F. If they were already on schedule F and they're still harrassing you, file a complaint with the FTC. Mind you that only unsecured debts can be wiped out in a chapter 7.

Answer Applies to: Florida
Replied: 1/5/2012

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