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Discharge Of One Joint Debtor (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 One Joint Debtor (Chapter 7), B18JO, Official Federal Forms Bankruptcy, Procedural Forms
B18J (Form 18JO) (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) Nos.,(if any): (Debtor)
(Joint Debtor) ___________
Employer Tax-Identification (EIN) No(s).(if any):
DISCHARGE OF ONE JOINT DEBTOR
It appearing that _____________________________________________________** is entitled to a discharge,
IT IS ORDERED: ________________________________________** 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’ socialsecurity numbers or individual taxpayer-identification numbers.
**When only one of the debtors in a joint case is discharged, state here the name of the individual debtor being discharged.
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Form B 18JO (08/07) - cont.
EXPLANATION OF BANKRUPTCY DISCHARGE IN A CHAPTER 7 CASE
This court order grants a discharge to the person named in the order. 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 named debtor a debt that has been discharged. For
example, a creditor is not permitted to contact a discharged 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 named
debtor. A creditor who violates this order can be required to pay damages and attorney’s fees to the discharged
debtor.
However, a creditor may have the right to enforce a valid lien, such as a mortgage or security interest, against
the discharged 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 (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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