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A chapter 7 discharge is obtained by filing a petition with the bankruptcy court. The petition will show the court what you own, what it is worth, your monthly income and expenses and list of all of your creditors. Once the petition is filed a meeting will be scheduled before a Trustee approximately one month later to confirm that your information is correct. If the Trustee believes that you have no assets to administer, which is most cases, he or she will file a report with the court. If no objection is filed within sixty (60) days, your debt will be discharged.

No. While priority debts, such as debts for domestic support obligations and taxes, and fully secured debts must be paid in full under a chapter 13 plan, only an amount that the debtor can reasonably afford must be paid on most debts. The unpaid balances of most debts that are not paid in full under a chapter 13 plan are discharged upon the completion or termination of the plan.

No, not in a practical sense. They are different terms for an obligation owed by the debtor to a creditor. A claim is the right of a creditor to the payment of an obligation by the debtor. A debt is a liability of a debtor on an obligation to a creditor. For example, if the debtor owes $1,000 to the bank, the $1,000 obligation is viewed as a debt by the debtor and as a claim by the bank.

Usually all of the disposable income of the debtor and the debtor's spouse for a 3 or 5 year period must be paid to the chapter 13 trustee. Disposable income is income received by the debtor and his or her spouse that is not deemed to be necessary for the support of the debtor and his or her dependents.

If both spouses are liable for any significant debts, they should file a joint chapter 13 case, even if only one of them has income. Also, if both of them have regular income, they should file a joint case.