Discharge Injunction

What Is the Discharge Injunction?

The discharge injunction is the enforcement mechanism behind the bankruptcy discharge. When a court enters a discharge order, Section 524(a)(2) imposes a permanent injunction that prohibits any act to collect, recover, or offset a discharged debt as a personal liability of the debtor. This injunction operates as a matter of law - no separate motion is needed.

Creditors who violate the discharge injunction by continuing to collect on discharged debts can face contempt of court, sanctions, and damages. Courts have awarded actual damages, emotional distress damages, attorney fees, and punitive damages for willful violations. The discharge injunction is one of the most important protections in all of bankruptcy law - it is what makes the "fresh start" real.

Section 524 also addresses reaffirmation agreements - voluntary agreements by debtors to remain liable on specific debts despite the discharge. These agreements must meet strict procedural requirements, including court approval in many cases, and can be rescinded within 60 days.

Discharge injunction violations - what constitutes a violation, how to document it, how to file a motion for contempt, and the damages available. We will include real examples of creditor behavior that courts have found to violate the injunction, from collection calls to negative credit reporting to lawsuits on discharged debts.

Reaffirmation agreements under Section 524(c) and (d), including when they make sense, when they do not, the procedural requirements, and the rescission window. We will also cover the court's role in approving reaffirmation agreements for unrepresented debtors.