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Order Of Discharge Form. This is a Official Federal Forms form and can be use in Procedural Forms Bankruptcy.
Tags: Order Of Discharge, B3180F, Official Federal Forms Bankruptcy, Procedural Forms
Information to identify the case: Debtor 1 ______________________________________________ First Name Middle Name Last Name Last 4 digits of Social Security number or ITIN _ ___ EIN Debtor 2 ______________________________________________ Middle Name Last Name (Spouse, if filing) First Name __ -________ ___ Last 4 digits of Social Security number or ITIN _ EIN United States Bankruptcy Court for the: _________ District of ______________ (State) __ -________ Case number: ________________________ Order of Discharge IT IS ORDERED: A discharge under 11 U.S.C. § 1228(a) is granted to: ___________________________ [_________________________________] [include all names used by each debtor, including trade names, within the 8 years prior to the filing of the petition] _____________ MM / DD / YYYY By the court: _____________________________ United States Bankruptcy Judge Explanation of Bankruptcy Discharge in a Chapter 12 Case This order does not close or dismiss the case. Creditors cannot collect discharged debts This order means that no one may make any attempt to collect a discharged debt from the debtors personally. For example, creditors cannot sue, garnish wages, assert a deficiency, or otherwise try to collect from the debtors personally on discharged debts. Creditors cannot contact the debtors by mail, phone, or otherwise in any attempt to collect the debt personally. Creditors who violate this order can be required to pay debtors damages and attorney's fees. However, a creditor with a lien may enforce a claim against the debtors' property subject to that lien unless the lien was avoided or eliminated. For example, a creditor may have the right to foreclose a home mortgage or repossess an automobile. This order does not prevent debtors from paying any debt voluntarily. 11 U.S.C. § 524(f). Most debts are discharged Most debts are covered by the discharge, but not all. Generally, a discharge removes the debtors' personal liability for debts provided for by the chapter 12 plan. In a case involving community property: Special rules protect certain community property owned by the debtor's spouse, even if that spouse did not file a bankruptcy case. Some debts are not discharged Examples of debts that are not discharged are: debts that are domestic support obligations; debts for most student loans; debts for most taxes; debts that the bankruptcy court has decided or will decide are not discharged in this bankruptcy case; For more information, see page 2 Form 3180F Chapter 12 Discharge page 1 American LegalNet, Inc. www.FormsWorkFlow.com debts for most fines, penalties, forfeitures, or criminal restitution obligations; some debts which the debtors did not properly list; debts for certain types of loans owed to pension, In addition, this discharge does not stop creditors from collecting from anyone else who is also liable on the debt, such as an insurance company or a person who cosigned or guaranteed a loan. profit sharing, stock bonus, or retirement plans; debts provided for under 11 U.S.C. § 1222(b)(5) or (b)(9) and on which the last payment or other transfer is due after the date on which the final payment under the plan was due; and debts for death or personal injury caused by This information is only a general summary of a chapter 12 discharge; some exceptions exist. Because the law is complicated, you should consult an attorney to determine the exact effect of the discharge in this case. operating a vehicle while intoxicated. Form 3180F Chapter 12 Discharge page 2 American LegalNet, Inc. www.FormsWorkFlow.com