Form 3180W Chapter 13 Discharge page 1 Order of Discharge 12/18 IT IS ORDERED: A discharge under 11 U.S.C. 247 1328(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] By the court: MM / DD / YYYY United States Bankruptcy Judge Explanation of Bankruptcy Discharge in a Chapter 13 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 attorney222s fees. However, a creditor with a lien may enforce a claim against the debtors222 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. 247 524(f). Most debts are discharged Most debts are covered by the discharge, but not all. Generally, a discharge removes the debtors222 personal liability for debts provided for by the chapter 13 plan. In a case involving community property: Special rules protect certain community property owned by the debtor222s 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 certain types of taxes specified in 11 U.S.C. 247247 507(a)(8)(C), 523(a)(1)(B), or 523(a)(1)(C) to the extent not paid in full under the plan; For more information, see page 2 Debtor 1 Last 4 digits of Social Security number or ITIN First Name Middle Name Last Name EIN - Debtor 2 Last 4 digits of Social Security number or ITIN (Spouse, if filing) First Name Middle Name Last Name EIN - United States Bankruptcy Court for the: District of (State) Case number: I nformation to identify the case: American LegalNet, Inc. www.FormsWorkFlow.com Form 3180W Chapter 13 Discharge page 2 debts that the bankruptcy court has decided or will decide are not discharged in this bankruptcy case; debts for restitution, or a criminal fine, included in a sentence on debtor222s criminal conviction; some debts which the debtors did not properly list; debts provided for under 11 U.S.C. 247 1322(b)(5) and on which the last payment or other transfer is due after the date on which the final payment under the plan was due; debts for certain consumer purchases made after the bankruptcy case was filed if obtaining the trustee222s prior approval of incurring the debt was practicable but was not obtained; debts for restitution, or damages, awarded in a civil action against the debtor as a result of malicious or willful injury by the debtor that caused personal injury to an individual or the death of an individual; and debts for death or personal injury caused by operating a vehicle while intoxicated. 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. This information is only a general summary of a chapter 13 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. American LegalNet, Inc. www.FormsWorkFlow.com