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Discharge Of Debtor In A Chapter 7 Case Form. This is a Official Federal Forms form and can be use in General Bankruptcy.
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Tags: Discharge Of Debtor In A Chapter 7 Case, B18, Official Federal Forms Bankruptcy, General
B18 (Official Form 18) (12/07)
United States Bankruptcy Court
_______________ District Of _______________
In re
__________________________________________,
[Set forth here all names including married,
maiden, and trade names used by debtor within
last 8 years.]
Debtor
)
)
)
)
) Case No. ________________
)
)
Address ________________________________________
)
)
_______________________________________
) Chapter 7
)
Last four digits of Social-Security or other Individual Taxpayer)
Identification No(s)(if any).: ___________________________
)
______________________________________________________
)
Employer Tax-Identification No(s).(EIN) [if any]:_______________ )
________________________________________________________ )
DISCHARGE OF DEBTOR
It appearing that the debtor is entitled to a discharge, IT IS ORDERED: The debtor is granted a
discharge under section 727 of title 11, United States Code, (the Bankruptcy Code).
Dated: _____________________
BY THE COURT
_____________________________________
United States Bankruptcy Judge
SEE THE BACK OF THIS ORDER FOR IMPORTANT INFORMATION.
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B18 (Official Form 18) (12/07) - Cont.
EXPLANATION OF BANKRUPTCY DISCHARGE
IN A CHAPTER 7 CASE
This court order grants a discharge to the person named as the debtor. It is not a dismissal of the case and it does
not determine how much money, if any, the trustee will pay to creditors.
Collection of Discharged Debts Prohibited
The discharge prohibits any attempt to collect from the debtor a debt that has been discharged. For example, a
creditor is not permitted to contact a debtor by mail, phone, or otherwise, to file or continue a lawsuit, to attach wages or
other property, or to take any other action to collect a discharged debt from the debtor. [In a case involving community
property: There are also special rules that protect certain community property owned by the debtor's spouse, even if that
spouse did not file a bankruptcy case.] A creditor who violates this order can be required to pay damages and attorney's
fees to the debtor.
However, a creditor may have the right to enforce a valid lien, such as a mortgage or security interest, against the
debtor's property after the bankruptcy, if that lien was not avoided or eliminated in the bankruptcy case. Also, a debtor
may voluntarily pay any debt that has been discharged.
Debts that are Discharged
The chapter 7 discharge order eliminates a debtor's legal obligation to pay a debt that is discharged. Most, but not
all, types of debts are discharged if the debt existed on the date the bankruptcy case was filed. (If this case was begun
under a different chapter of the Bankruptcy Code and converted to chapter 7, the discharge applies to debts owed when
the bankruptcy case was converted.)
Debts that are Not Discharged.
Some of the common types of debts which are not discharged in a chapter 7 bankruptcy case are:
a. Debts for most taxes;
b. Debts incurred to pay nondischargeable taxes;
c. Debts that are domestic support obligations;
d. Debts for most student loans;
e. Debts for most fines, penalties, forfeitures, or criminal restitution obligations;
f. Debts for personal injuries or death caused by the debtor's operation of a motor vehicle, vessel, or aircraft
while intoxicated;
g. Some debts which were not properly listed by the debtor;
h. Debts that the bankruptcy court specifically has decided or will decide in this bankruptcy case are not
discharged;
i. Debts for which the debtor has given up the discharge protections by signing a reaffirmation agreement in
compliance with the Bankruptcy Code requirements for reaffirmation of debts; and
j. Debts owed to certain pension, profit sharing, stock bonus, other retirement plans, or to the Thrift Savings Plan
for federal employees for certain types of loans from these plans.
This information is only a general summary of the bankruptcy discharge. There are exceptions to these general
rules. Because the law is complicated, you may want to consult an attorney to determine the exact effect of the discharge
in this case.
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