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Discharge nullifies debts, as if the debt never existed. Creditors
may no longer refer to a debt, reference a debt, or claim the debt was
not paid. This relief is far more extensive than a release of
liability, because only the record of filing Chapter 7 remains, and
may only appear on credit reports for 10 years.
When is discharge complete?
Discharges are immediately effective upon entering an order of
relief by a presiding judge. According to the official docket of the
court, Chapter 7 cases are scheduled for discharge hearings after
allowing timetables to run for the 341 meeting and case review,
including necessary allowances for objections, notice and hearings.
The sum of days required for each of these safeguards permits the
court to grant full and final discharge in as few as 90 days from the
date the initial pleading is filed with the divisional clerk.
Can a discharge be revoked?
During the one year following court ordered discharge any party may
object. A legal presumption favors dischargeability, so that a
substantial burden of proof must be sustained to overturn a court
order. Grounds for revoking a discharge are limited, and normally
require proof of fraud, malfeasance, or maliciousness.
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