Does a discharge get rid of my mortgage or car loan?

A discharge removes your personal liability, not the lien. Valid liens that existed before you filed generally pass through bankruptcy unaffected, so a mortgage holder or auto lender can still enforce its rights against the property if payments stop. Some liens can be avoided during the case or handled through a Chapter 13 plan, which is a separate question from discharge.

What happens if I forget to list a debt?

An unlisted debt may not be discharged. Section 523(a)(3) excepts debts neither listed nor scheduled with the creditor's name in time for that creditor to act, and court instructions tell filers to list every debt even one they intend to pay outside bankruptcy. Schedules can generally be amended after filing; some courts charge a fee to add creditors.

Can the court refuse to give me a discharge at all?

Yes. Section 727(a) sets out grounds for denying a discharge entirely, including transferring or concealing property with intent to hinder, delay, or defraud a creditor, making a false oath, failing to keep financial records, or refusing to obey a lawful court order. This is separate from an objection to one specific debt and affects the whole case.

How long does it take to get a discharge?

It depends on the chapter and the district. In Chapter 7, the discharge is generally granted after the deadline for creditors to object, which one court describes as roughly 60 days after the date first set for the meeting of creditors. In Chapter 13, the discharge comes only after you complete all payments called for by the plan.

Are more debts dischargeable in Chapter 13 than in Chapter 7?

A slightly broader discharge of debts is available in a Chapter 13 case than in a Chapter 7 case, according to court guidance. The core exceptions in § 523(a) still apply in both. Which chapter fits a given situation turns on income, property, secured debts, and whether you need time to cure a default rather than on discharge scope alone.

What is an adversary proceeding?

It is a lawsuit filed inside a bankruptcy case. A creditor may bring one to object to your discharge as a whole, or to the discharge of one particular debt such as an alleged fraud debt. A debtor brings one to seek discharge of a student loan on undue-hardship grounds. Courts advise obtaining counsel if you are named as a defendant.

If my case is dismissed instead of discharged, are my debts gone?

No. A dismissal ends the case without discharging anything. Court guidance is explicit that an order of dismissal does not free the debtor from any debt, and that the automatic stay ends on dismissal, allowing creditors to resume collection. Cases are often dismissed when a debtor misses a required filing, fee, or meeting.

Guides

Debts and Discharge in Bankruptcy: What Gets Wiped Out

A bankruptcy discharge releases you from personal liability for most debts you owed before filing. It is not universal. Section 523 of the Bankruptcy Code lists categories that survive discharge, including most taxes, domestic support obligations, and debts from fraud or drunk-driving injuries. Liens on property generally survive too, so a discharged debt and a released lien are different things.

Key points

A discharge releases personal liability for pre-filing debts and operates as a permanent injunction against collecting them (11 U.S.C. § 524).
Section 523(a) excepts whole categories of debt from discharge, so the question is never "is my debt gone" but "which category is it in."
Some debts are nondischargeable automatically; others survive only if a creditor sues and wins in an adversary proceeding.
A discharge can be denied entirely under 11 U.S.C. § 727 for conduct in the case, which is a separate question from whether one debt survives.
A valid lien generally passes through bankruptcy unaffected, so a car loan or mortgage can still be enforced against the property.

If you are reading this, you probably want to know whether bankruptcy will actually clear the debts keeping you awake. That answer depends less on how much you owe than on what kind of debt it is and how it was incurred. This hub explains how the discharge is organised so you can find the guide that covers your specific debt.

What does this part of bankruptcy actually cover?

This section covers the discharge: the court order that releases you from personal liability for debts you owed before you filed. A discharge does two things. It relieves you of the obligation to pay dischargeable debts, and it operates as a permanent injunction stopping creditors from calling, writing, suing, or otherwise trying to collect those debts (11 U.S.C. § 524). One court's guide puts it plainly: the discharge prohibits creditors from communicating with the debtor about the debt at all (U.S. Bankr. Ct. M.D. Ala., Consumer Pro Se Debtors Guide).

What it does not do matters just as much. A discharge does not remove liens. If a mortgage or car lien was valid when you filed and was not avoided in the case, the creditor can generally still enforce it against the property even after discharge. It also does not reach every debt. Section 523(a) excepts entire categories, and a separate provision, 11 U.S.C. § 727, allows a court to deny a discharge altogether.

How do you know which of these applies to you?

Start with the debt, not the chapter. Almost every question in this area resolves by asking three things about a specific obligation.

First, what kind of debt is it? Ordinary credit-card balances, medical bills, personal loans, and old collection accounts sit in the general unsecured pool that discharge commonly reaches. Taxes, domestic support obligations, most student loans, and court fines sit in the excepted categories under § 523(a).

Second, how was it incurred? A credit-card balance run up for groceries and a balance obtained through a materially false written statement about your finances are treated very differently. Section 523(a)(2) reaches money obtained by false pretenses, false representation, or actual fraud.

Third, is the debt secured? If a creditor holds a lien, the discharge addresses your personal liability while the lien question is separate. Each of the child guides under this pillar takes one debt type and works through those three questions in detail.

What kind of debt is it, in the categories § 523(a) uses?
How was it incurred, and does anyone allege fraud or intentional injury?
Does a creditor hold a lien on property securing it?

What do all of these paths have in common?

Three things hold across every debt type on this pillar.

You must list the debt. Section 523(a)(3) excepts debts that were neither listed nor scheduled with the creditor's name in time for that creditor to participate. Official court instructions say the same thing bluntly: even if you plan to pay a debt outside bankruptcy, you must list it in your schedules, because an unlisted debt may not be discharged (Bankr. E.D. La. official guidance — Chapter 13 Form Packet).

The discharge is about personal liability, not property. As one district's overview says, the order relieves the debtor of the personal obligation to pay, while valid pre-petition liens generally pass through the bankruptcy unaffected (Bankr. N.D. Iowa official page — FAQs: Debtor).

And honesty is a condition. Section 727(a) lets a court deny a discharge where a debtor concealed or transferred property with intent to hinder, delay, or defraud a creditor, made a false oath, or failed to keep records. That risk is not limited to one debt; it reaches the whole case.

Where do these paths differ most?

The sharpest split is between debts that are excepted automatically and debts that survive only if a creditor takes action. Some obligations, such as domestic support, are nondischargeable without anyone doing anything. Others — fraud, false financial statements, willful and malicious injury — are excepted only if the creditor files an adversary proceeding and proves the case (11 U.S.C. § 523). Colorado's court guide describes an adversary proceeding as a lawsuit filed inside the bankruptcy objecting to your discharge, or to the discharge of a particular debt (COB official material — Guide for Debtors Filing Bankruptcy Without an Attorney).

Student loans differ again: the debt is excepted unless the debtor brings the proceeding and proves undue hardship (U.S. Bankr. Ct. D. Ariz., Choosing Your Chapter).

The chapter you file under also matters. A slightly broader discharge is available in Chapter 13 than in Chapter 7 (Bankr. N.D. Iowa official page — FAQs: Debtor), and the timing differs: in Chapter 7 the discharge follows the objection deadline, while in Chapter 13 it comes only after plan payments are complete.

Two ways a debt can survive discharge
Route	Who has to act	Examples given in the Code
Excepted automatically	No one — the exception applies by operation of § 523(a)	Domestic support obligations; most taxes; unlisted debts
Excepted only if litigated	A creditor must file and prove an adversary proceeding	False pretenses or actual fraud; false written financial statements
Excepted unless the debtor proves otherwise	The debtor must file and prove undue hardship	Most student loans and educational benefit overpayments
Whole discharge denied	A party objects under § 727(a)	Concealed property; false oath; failure to keep records

Does state law change any of this?

Not much, on this pillar. Dischargeability is federal. The categories in 11 U.S.C. § 523 and the grounds for denial in § 727 apply the same way in every state, and bankruptcy cases can only be filed in federal bankruptcy court — a state court has no jurisdiction over them (Bankr. D. Md. official page — Legal Overview).

State law does enter in two indirect ways. Exemptions, which decide what property you keep, are frequently set by state statute, and those figures live on the state pages rather than here. And the local court's rules and procedures shape how an objection or adversary proceeding is actually filed and heard, which varies by district.

The filing fees are federal and uniform: $245 for a Chapter 7 petition (28 U.S.C. § 1930(a)(1)(A), (f)(1)) and $235 for a Chapter 13 petition (28 U.S.C. § 1930(a)(1)(B)), each with a $78 administrative fee (Bankruptcy Court Miscellaneous Fee Schedule, Item 8) and, for Chapter 7, a $15 trustee surcharge (Bankruptcy Court Miscellaneous Fee Schedule, Item 9).

Where should you start?

Start with the single debt that worries you most and read the guide covering it. If that debt is a credit-card balance, a medical bill, a personal loan, a payday or title loan, a utility account, or an old charge-off, the guides on what bankruptcy can and cannot wipe out will place it in the right category.

If someone has accused you of fraud, or the debt came out of an injury, a DUI, or a court judgment, go straight to the guides on fraud and false financial statements, willful and malicious injury, and DUI injury or wrongful-death debts. Those are the debts most often litigated.

If you have been served with something called an adversary complaint, read the two objection guides — one covers objections to your entire Chapter 7 discharge, the other objections to a single debt. Court guidance in several districts advises seeking counsel if you are named as a defendant in one.

If you are not sure which category you are in, the roadmap walks through your situation and points you to the relevant pages.

Frequently asked questions

Does a discharge get rid of my mortgage or car loan?: A discharge removes your personal liability, not the lien. Valid liens that existed before you filed generally pass through bankruptcy unaffected, so a mortgage holder or auto lender can still enforce its rights against the property if payments stop. Some liens can be avoided during the case or handled through a Chapter 13 plan, which is a separate question from discharge.
What happens if I forget to list a debt?: An unlisted debt may not be discharged. Section 523(a)(3) excepts debts neither listed nor scheduled with the creditor's name in time for that creditor to act, and court instructions tell filers to list every debt even one they intend to pay outside bankruptcy. Schedules can generally be amended after filing; some courts charge a fee to add creditors.
Can the court refuse to give me a discharge at all?: Yes. Section 727(a) sets out grounds for denying a discharge entirely, including transferring or concealing property with intent to hinder, delay, or defraud a creditor, making a false oath, failing to keep financial records, or refusing to obey a lawful court order. This is separate from an objection to one specific debt and affects the whole case.
How long does it take to get a discharge?: It depends on the chapter and the district. In Chapter 7, the discharge is generally granted after the deadline for creditors to object, which one court describes as roughly 60 days after the date first set for the meeting of creditors. In Chapter 13, the discharge comes only after you complete all payments called for by the plan.
Are more debts dischargeable in Chapter 13 than in Chapter 7?: A slightly broader discharge of debts is available in a Chapter 13 case than in a Chapter 7 case, according to court guidance. The core exceptions in § 523(a) still apply in both. Which chapter fits a given situation turns on income, property, secured debts, and whether you need time to cure a default rather than on discharge scope alone.
What is an adversary proceeding?: It is a lawsuit filed inside a bankruptcy case. A creditor may bring one to object to your discharge as a whole, or to the discharge of one particular debt such as an alleged fraud debt. A debtor brings one to seek discharge of a student loan on undue-hardship grounds. Courts advise obtaining counsel if you are named as a defendant.
If my case is dismissed instead of discharged, are my debts gone?: No. A dismissal ends the case without discharging anything. Court guidance is explicit that an order of dismissal does not free the debtor from any debt, and that the automatic stay ends on dismissal, allowing creditors to resume collection. Cases are often dismissed when a debtor misses a required filing, fee, or meeting.

Sources

11 U.S.C. § 523 — Exceptions to discharge · official source
11 U.S.C. § 727 — Discharge · official source
11 U.S.C. § 524 — Effect of discharge · official source
U.S. Bankr. Ct. M.D. Ala., Consumer Pro Se Debtors Guide
Bankr. N.D. Iowa official page — FAQs: Debtor
COB official material — Guide for Debtors Filing Bankruptcy Without an Attorney
U.S. Bankr. Ct. D. Ariz., Choosing Your Chapter: What can Bankruptcy do for you? What will it do to you?
Bankr. D. Md. official page — Legal Overview
Bankr. E.D. La. official guidance — Chapter 13 Form Packet
28 U.S.C. § 1930(a)(1)(A), (f)(1)
28 U.S.C. § 1930(a)(1)(B)
Bankruptcy Court Miscellaneous Fee Schedule, Item 8
Bankruptcy Court Miscellaneous Fee Schedule, Item 9

By Antonio G. Jimenez, Esq. · Florida Bar No. 21022

Sources verified July 27, 2026 · How we verify

Every figure on this page is drawn from a primary legal source and checked against our canonical legal database before publication. Bankruptcy.law is not a law firm and does not provide legal advice.

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