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Discharge Of Debtor Before Completion Of Chapter 13 Plan B18WH - Official Federal Forms
| Discharge Of Debtor Before Completion Of Chapter 13 Plan Form. This is a national form and can be used in Procedural Forms Bankruptcy . |
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B 18WH (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 BEFORE 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(b) 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 18WH continued (10/05) EXPLANATION OF BANKRUPTCY DISCHARGE IN A CHAPTER 13 CASE BEFORE COMPLETION OF PLAN PAYMENTS This court order grants a discharge to the person nam the debtor. After notice and a hearing, the court hased asdetermined that the debtor is entitled to a discharge pursuant to section 1328(b) of the Bankruptcy Code without completing all of the payments under the chapter 13 plan. Because this discharge is granted pursuant to the hardshipprovisions of section 1328(b), it is referred to as a chapter 13 hardship discharge. This order is not the dismissal ofthe case. Collection of Discharged Debts Prohibited The discharge prohibits any attempt to collect from the debtor a debt that has been discharged. For example, acreditor is not permitted to contact a debtor by mail, phone, or otherwise, to file or continue a lawsuit, to attachwages or other property, or to take any other action to collect a discharged debt from the debtor. [In a case involvingcommunity property: There are also special rules that protect certain community property owned by the debtors spouse, even if that spouse did not file a bankruptcy case.] A creditor who violates this order can be required to paydamages 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 hardship 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 13 plan or isdisallowed 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 eliminated by chapter 13 hardship discharge are: a. Domestic support obligations; b. Debts for most taxes; and, in a case filed on or after October 17, 2005, debts incurred to pay nondischargeable taxes; c. Debts for most student loans; e. 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; e. 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; f. Debts for most fines, penalties, forfeitures, or criminal restitution obligations; g. Debts for personal injuries or death caused by the debtors operation of a motor vehicle, vessel, or aircraftwhile intoxicated; h. Some debts which were not properly listed by the debtor; i. Debts that the bankruptcy court specifically has decided or will decide in this bankruptcy case are not discharged; j. 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, k. Debts owed to certain pension, profit sharing, stock bonus, other retirement plans, or to the Thrift SavingsPlan 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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