Skip to main content

What does the bankruptcy discharge papers for a chapter 7 look like?

New York, NY |

What does the bankruptcy discharge papers for a chapter 7 look like?

+ Read More

Attorney answers 3

Posted

it's just a short court order saying the case is discharged (and probably closed as well), and other legalisms as that the estate is closed, the trustee is relieved, etc. A debtor should receive it in the mail about 3-4 months after the case was filed, in most instances.

Asker

Posted

Does it list all the discharged debts?

Robert A. Stumpf

Robert A. Stumpf

Posted

No. It is presumed that all (dischargable!) debts are discharged, unless there was an adversary proceeding to the contrary.

Asker

Posted

Would it at least have the amount that it was discharged? Another question, how would I vacate a judgment after bankruptcy with the state court?. Wouldn't I have to show that the judgement was discharged in bankruptcy? I live in NJ, and you have to wait one year after bankruptcy, then apply with county court in order to have the judgement vacated.

Robert A. Stumpf

Robert A. Stumpf

Posted

No. How does the court know in actuality was what discharged? I mean obviously, they know what you put down on your schedules, but unlisted debts are discharged, too. When you go to court in Jersey, just bring a copy of the discharge order and a copy of your petition, and see what they need. I can't think of anything more you could bring.

Posted

It is a very short letter that states that your debts have been discharged subject to certain provisions in the Bankruptcy Code regarding non dischargeable debts.

Posted

When I first read your question, my initial reaction was "are you trying to prepare a forged document?"

I see by reading your comments that you are hoping that the discharge will confirm that certain debts are discharged, and the answer, as the others have told you, is "no." If you owe child support, taxes, student loans, or other debts that are not eligible to be discharged, the Discharge will not affect the status of any of these debts.

If, on the other hand, you are looking to simply clean up your credit report once your bankruptcy has Discharged, go to the Court website about 10 days after you receive your discharge in the mail. I am posting a link to these site. There is a small fee to view & copy documents, and you want to look at a list of all documents filed in your case. The document you want is called Discharge with certificate of mailing (or Certificate of Service - Discharge). It ought to be the most recently filed document in your bankruptcy case.

That document will contain your discharge as well as the list of every creditor that was mailed notice of your bankruptcy. It is just the thing needed to correct your credit report and prove what debts were included in your bankruptcy. Hope this perspective helps!

Dorothy G Bunce

Dorothy G Bunce

Posted

Sorry, I forgot to post the link for you to access the court records. It is at www.pacer.gov

Asker

Posted

Can you get that from the website? Will that document include the amount discharged each creditor?

Bankruptcy and debt topics

Recommended articles about Bankruptcy and debt

What others are asking

Can't find what you're looking for?

Post a free question on our public forum.

Ask a Question

- or -

Search for lawyers by reviews and ratings.

Find a Lawyer