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Discharge Of Debtor After Completion Of Chapter 13 Plan B18W - Official Federal Forms
| Discharge Of Debtor After Completion Of Chapter 13 Plan Form. This is a national form and can be used in Procedural Forms Bankruptcy . |
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B 18W (10/05) United States Bankruptcy Court _______________ District Of _______________ In re Case No. ______________ Debtor* Address: Chapter 13 Last four digits of Social Security No(s).: Employers Tax I.D. No(s). [if any]: DISCHARGE OF DEBTOR AFTER COMPLETION OF CHAPTER 13 PLAN It appearing that the debtor is entitled to a discharge, IT IS ORDERED: The debtor is granted a discharge under section 1328(a) 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 debtor within the last 8 years. (Federal Rule of Bankruptcy Procedure 1005). American LegalNet, Inc. www.USCourtForms.com<<<<<<<<<********>>>>>>>>>>>>> 2Form B 18W continued (10/05) EXPLANATION OF BANKRUPTCY DISCHARGE IN A CHAPTER 13 CASE This court order grants a discharge to the person namd as the debtor after the debtor has come pleted allpayments under the chapter 13 plan. It is not a dismissal of the case. 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 not permitted to contact a debtor by mail, phone, or otherwise, to file or continue a lawsuit, to attach wagesor 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 debtors spouse, even if that spouse did not file[In a case involving damages and attorneys fees to the debtor. However, a creditor may have the right to enforce a valid lien, such as a mortgage or security interest, againstthe debtors property after the bankruptcy, if that lien was not avoided or eliminated in the bankruptcy case. Also, adebtor may voluntarily pay any debt that has been discharged. Debts That are Discharged The chapter 13 discharge order eliminates a debtors legal obligation to pay a debt that is discharged. Most, butnot all, types of debts are discharged if the debt is provided for by the chapter 13 plan or is disallowed by the courtpursuant to section 502 of the Bankruptcy Code. Debts that are Not Discharged. Some of the common types of debts which are not discharged in a chapter 13 bankruptcy case are: a. Domestic support obligations; b. Debts for most student loans; c. Debts for most fines, penalties, forfeitures, or criminal restitution obligations; d. Debts for personal injury or death caused by the debtors operation of a motor vehicle, vessel, or aircraft while intoxicated; e. 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 injuryan individual or the death of an individual (in a case filed to on or after October 17, 2005); f. Debts provided for under section 1322(b)(5) of the Bankruptcy Code and on which the last payment is due after the date on which the final payment under the plan was due; g. Debts for certain consumer purchases made after the bankruptcy case was filed if prior approval by the trustee of the debtors incurring the debt was practicable but was not obtained; h. Debts for most taxes to the extent not paid in full under the plan (in a case filed on or after October 17,2005); and i. Some debts which were not properly listed bye debtor (in a case filed on or after O th ctober 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. American LegalNet, Inc. www.USCourtForms.com
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