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BANKRUPTCY DISCHARGE ORDER - CHAPTER 7 BK


Replica Sample

B18 (Official Form 18)(12/07)


United States Bankruptcy Court Central District Of California


3420 Twelfth Street, Riverside, CA 92501-3819

DISCHARGE OF DEBTOR

DEBTOR INFORMATION:                                                                                                                               BANKRUPTCY NO. 6:11 -bk-99999-AB
John Doe

                                   CHAPTER 7

Last four digits of Social-Security or Individual Taxpayer-Identification (ITIN) No(s)., (if any):   xxx-xx-1111

Employer Tax-Identification (EIN) No(s).(if any):   N/A 

Debtor Discharge Date: 10/14/11

JOINT DEBTOR INFORMATION:

Jane Doe

Last four digits of Social-Security or Individual Taxpayer-Identification (ITIN) No(s)., (if any): xxx-xx-2222

Employer Tax-Identification (EIN) No(s).(if any): N/A 

Joint Debtor Discharge Date: 10/14/11 

Address:

3333 Fourth Street

Inland, CA 91234

It appearing that the debtor is 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: October 14, 2011                                                                                              Kathleen J. Campbell

Clerk of the Court

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.

(Form b 18-DIS Rev. 03/09) VAN-30                                                                                                                                                           12 - 4 / HAL


B18 (Official Form 18) Com Rev.( 12/07)

EXPLANATION OF BANKRUPTCY DISCHARGE 
IN A CHAPTER 7 CASE

This court order grants a discharge to the person named as the debtor. 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 debtor a debt that has been discharged. For example, a creditor is nol 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 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;

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.

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.

       




Note: A discharge order does not state specifically which debts are discharged (completely forgiven, wiped out, erased), and which debts survived and were not discharged.  The Order only communicates general principles.  For example, the order states that most tax debts are not discharged; but some types of taxes are, in fact, discharged in bankruptcy.  

Talk with a bankruptcy lawyer to learn which of your debts will likely be discharged in a Chapter 7 bankruptcy.

For a free and confidential consultation, contact Christian bankruptcy attorney Matthew B. Tozer

Under the new bankruptcy law, Mr. Tozer is a debt relief agency because he helps people file for bankruptcy relief under the Bankruptcy Code.


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