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Discharge Of Debtor Aftern Completion Of Chapter 12 Plan B18F - Official Federal Forms
| Discharge Of Debtor Aftern Completion Of Chapter 12 Plan Form. This is a national form and can be used in Procedural Forms Bankruptcy . |
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Form B 18F (10/05) United States Bankruptcy Court ______________ District Of ______________ In Re Case No. ______________ Debtor* Address: Chapter 12 Last four digits of Social Security No(s).: Employerss Tax I.D. No(s). [if any]: DISCHARGE OF DEBTOR AFTER COMPLETION OF CHAPTER 12 PLAN It appearing that the debtor is entitled to a discharge, IT IS ORDERED: The debtor is granted a discharge under section 1228(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 18F continued (10/05) EXPLANATION OF BANKRUPTCY DISCHARGE IN A CHAPTER 12 CASE This court order grants a discharge to the person named as the debtor after the debtor has fulfilled all requirements under the chapter 12 plan. It is not a dismissal of the case. Collection of Discharged Debts Prohibited The discharge prohibits any attempt to collect frome debtor a debt that has been discharged. For th example, a creditor is not 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 debtors spouse, even[In a case involving community property: creditor who violates this order can be required to pay 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, against the debtors 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 12 discharge order eliminates a debtors legal obligation to pay a debt that is discharged. Most, but not all, types of debts are discharged if the debt is provided for by the chapter 12 plan or is disallowed by the court pursuant 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 12 bankruptcy case are: a. Debts for most taxes; and, in a case filed on or after October 17, 2005, debts incurred to pay nondischargeable taxes; b. Debts that are domestic support obligations; c. Debts for most student loans; d. Debts provided for under sections 1222(b)(5)or (b)(9) of the Bankruptcy Code and on which the last payment or other transfer is due after the date on which the final payment under the plan was due; e. Debts for most fines, penalties, forfeitures, or criminal restitution obligations; f. Debts for personal injuries or death caused bythe debtors operation of a m otor vehicle, vessel, oraircraft 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; and i. 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. American LegalNet, Inc. www.USCourtForms.com
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