Definition of a Written Waiver of Bankruptcy Discharge

By Jennifer VanBaren

A written waiver of bankruptcy discharge is a legal document stating that a debtor, who was granted bankruptcy, wishes to be responsible for debts discharged by the court. This document is part of Chapter 7 Bankruptcy Law.

Chapter 7

Chapter 7 is a form of bankruptcy offered in the United States. A person, overwhelmed with debt and without means for repayment, files for this type of bankruptcy. If the person is granted bankruptcy, the included debts, through the bankruptcy, are discharged. This means the person does not repay any of them. During this, the person's assets are liquidated.

Waiver

The court may stop the discharge of debts, after approved, if the debtor requests it. To obtain a waiver to stop the discharge, the waiver has to gain approval from the court, must be in writing and must have debtor's signature.

Process

Once a waiver is received by the court, a hearing is held where the court determines whether to approve the waiver or not. The court investigates if the debtor fully comprehends the consequences of the action. It is then decided whether to approve the waiver of discharge or not. Until it is approved, the bankruptcy proceedings of liquidation continue.

About the Author

Jennifer VanBaren started her professional online writing career in 2010. She taught college-level accounting, math and business classes for five years. Her writing highlights include publishing articles about music, business, gardening and home organization. She holds a Bachelor of Science in accounting and finance from St. Joseph's College in Rensselaer, Ind.

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