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Discharge Of Joint Debtors (Chapter 7) Form. This is a Official Federal Forms form and can be use in Procedural Forms Bankruptcy.
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Tags: Discharge Of Joint Debtors (Chapter 7), B18J, Official Federal Forms Bankruptcy, Procedural Forms
B18J (Form 18J) (08/07)
United States Bankruptcy Court
_______________ District Of _______________
In re
Case No. _________
Debtor*
________________________________________
Joint Debtor
Address:
Chapter 7
Last four digits of Social-Security or Individual TaxpayerIdentification (ITIN) No(s).,(if any): (Debtor)
(Joint Debtor)_____________
Employer Tax-Identification (EIN) No(s).(if any):
DISCHARGE OF JOINT DEBTORS
It appearing that the debtors are 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).
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 debtors within the last 8 years. Set forth the last four digits of
both debtors’ social-security numbers or individual taxpayer-identification numbers.
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B18J (Form B 18J) (08/07) - cont.
EXPLANATION OF BANKRUPTCY DISCHARGE IN A JOINT CHAPTER 7 CASE
This court order grants a discharge to the persons named as the debtors. 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 debtors 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 debtors. 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 debtors’ 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 (in a case filed on or after October 17, 2005);
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 (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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