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Discharge Of Debtor Aftern Completion Of Chapter 12 Plan Form. This is a Official Federal Forms form and can be use in Procedural Forms Bankruptcy.
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Tags: Discharge Of Debtor Aftern Completion Of Chapter 12 Plan, B18F, Official Federal Forms Bankruptcy, Procedural Forms
B18F (Form 18F) (08/07)
United States Bankruptcy Court
_______________ District Of _______________
In re
Case No. _________
Debtor*
Address:
Chapter 12
Last four digits of Social-Security or Individual TaxpayerIdentification (ITIN) No(s).,(if any):
Employer Tax-Identification (EIN) No(s).(if any):
DISCHARGE OF DEBTOR AFTER COMPLETION
OF CHAPTER 12 PLAN
It appearing that the debtor is entitled to a discharge,
IT IS ORDERED:
The debtor is granted a discharge under section 1228(a) of title 11, United States Code, (the
Bankruptcy Code).
BY THE COURT
Dated: _____________________
_____________________________________
United States Bankruptcy Judge
SEE THE BACK OF THIS ORDER FOR IMPORTANT INFORMATION.
___________________________________________________________________________________
* Set forth all names, including trade names, used by the debtor(s) within the last 8 years. For joint debtors, set forth
the last four digits of both social-security numbers or individual taxpayer-identification numbers.
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Form B 18F (08/07) - Cont.
EXPLANATION OF BANKRUPTCY DISCHARGE IN A CHAPTER 12 CASE
This court order grants a discharge to the person named as the debtor after the debtor has fulfilled
all requirements under the chapter 12 plan. It is not a dismissal of the case.
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 12 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 is provided for by the chapter 12
plan or is disallowed by the court pursuant to section 502 of the Bankruptcy Code.
Debts that are Not Discharged.
Some of the common types of debts which are not discharged in a chapter 12 bankruptcy case are:
a. Debts for most taxes; and, in a case filed on or after October 17, 2005, debts incurred to pay
nondischargeable taxes;
b. Debts that are domestic support obligations;
c. Debts for most student loans;
d. Debts provided for under sections 1222(b)(5)or (b)(9) of the Bankruptcy Code and on which the
last payment or other transfer is due after the date on which the final payment under the plan was due;
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; and
i. 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 (in a case filed on or after
October 17, 2005).
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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