Not necessarily. Discharge makes the claim unenforceable against the debtor but does not extinguish it: voluntary payment remains possible, as does recovery from a guarantor or security. Statutorily listed claims remain unaffected, including child maintenance and intentionally caused damage. If the debtor lacked honest intent, discharge may be challenged within six years.
An individual obtains debt discharge through bankruptcy or an instalment plan under Part Four of Act No. 7/2005 Coll. on Bankruptcy and Restructuring. For a creditor, this usually means halted enforcement and a letter from the trustee. It does not necessarily end the claim, however.
Unenforceable does not mean extinguished
Upon discharge, claims satisfiable only in bankruptcy or through an instalment plan […] become unenforceable against the debtor to the extent of the court’s discharge, regardless of whether they were lodged.
— Section 166e(2) of Act No. 7/2005 Coll. (unofficial English translation)
The debt legally remains, but cannot be compelled through court or enforcement. The court considers unenforceability even without a debtor’s objection. Ongoing enforcement is therefore terminated (Section 167f of Act No. 7/2005 Coll., with enforcement procedure under Section 61n of Act No. 233/1995 Coll.). Later voluntary payment satisfies an existing debt, so retaining the claim in records and leaving an instalment option open can make sense.
Whom discharge does not protect
Discharge protects only the debtor. A claim unenforceable against them remains enforceable against a guarantor or another person securing it (Section 166e(3)). A secured creditor may also obtain satisfaction from collateral without lodging a claim (Section 166c(2)). Before writing off the debt, check guarantors, co-debtors and security.
Which claims remain unaffected
Section 166c(1) excludes these claims from discharge:
- A natural person’s claim not acquired by assignment, transfer or succession other than inheritance, where it was not lodged because the trustee failed to notify that creditor of bankruptcy in writing.
- A claim arising from legal assistance provided to the debtor by the Legal Aid Centre.
- A secured claim to the extent covered by the collateral’s value.
- Liability for personal injury or intentionally caused damage.
- A child’s maintenance claim.
- Employment claims of the debtor’s employees.
- A criminal fine under the Criminal Code.
- A non-monetary claim.
Unaffected claims remain recoverable as though no discharge occurred. Conversely, certain items are unenforceable by law, including some accessory claims, contractual penalties and claims of persons related to the debtor (Section 166b).
Revocation for dishonest intent
A creditor affected by discharge may seek revocation within six years of the bankruptcy declaration or instalment plan determination by proving dishonest intent (Section 166f(1)). Section 166g gives examples, including concealed assets, an omitted creditor or deliberately caused inability to pay.
Revocation makes discharge ineffective against all creditors. Claims regain their original enforceability and maturity to the full extent still unpaid. Such claims shall not become time-barred before ten years have elapsed from revocation.
— Section 166f(4) of Act No. 7/2005 Coll. (unofficial English translation)
Monitoring the debtor after discharge can therefore pay off: concealed assets may reopen the route to recovery. See lodging a bankruptcy claim and disputed claims and incidental actions for bankruptcy procedure, and bankruptcy of a company member for that specific situation.
How we can help
Our debt recovery service assesses what remains after discharge, from unaffected claims and guarantors to revocation grounds. We examine the debtor’s assets through a creditworthiness review and pursue enforceable claims through enforcement proceedings.
A discharge notice does not mean the file can simply be closed. First, have the applicable exceptions assessed.
This answer provides general information on the law as at 29 August 2026. It does not constitute legal services or replace an assessment of an individual case. The details of your situation may differ. Book a consultation to discuss them.
