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Debts and discharge
Discharge hearing
A court hearing, held after the court decides whether to grant a discharge, at which the judge tells an individual debtor that the discharge was granted or why it was not. The court may choose to hold it, but must hold it when a debtor without an attorney wants to reaffirm a debt. 1
Talk to a lawyerHow it works
The discharge itself usually arrives without one. Unless there is litigation over objections to the discharge, the debtor usually receives it automatically, and the clerk mails a copy of the order. 2
The hearing becomes mandatory around reaffirmation, the agreement to keep paying a debt that would otherwise be discharged, often a car loan, in exchange for keeping the collateral. If the debtor had no attorney when negotiating the agreement, the court must hold a hearing and the debtor must appear in person. 3 1
At that hearing the court tells the debtor that the agreement is not required, and explains its legal effect and the consequences of a default under it. 1
A hearing is also required if the court disapproves a reaffirmation agreement. 4
Common questions
Do I have to attend a discharge hearing?
Usually there is none. Unless there is litigation over objections to the discharge, the debtor usually receives it automatically, and a typical Chapter 7 debtor does not appear in court unless an objection is raised. If the court does hold a discharge hearing, the debtor must attend in person. 2 5 1
Do I have to reaffirm a debt to keep paying it?
A debtor may repay any debt voluntarily, whether or not a reaffirmation agreement exists. What happens to the collateral without an agreement depends on the facts, so ask a lawyer. 4
Can I change my mind after reaffirming?
The debtor can cancel the agreement any time before discharge or within 60 days after it is filed with the court, whichever is later. 1
Sources
Thinking about reaffirming a debt?
A bankruptcy lawyer in your state can explain what the agreement would mean for you.
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