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How do I know when my bankruptcy case is discharged?

San Diego, CA |

Is there a piece of paper that shows what debts were eliminated and what debts I still owe?

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Attorney answers 3

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Posted

Congratulations on your new beginning!

A bankruptcy discharge releases the debtor from personal liability for certain specified types of debts. In other words, the debtor is no longer legally required to pay any debts that are discharged

The debtor will receive their discharge automatically unless there is litigation involving objections to the discharge. The Federal Rules of Bankruptcy Procedure provide the clerk of the bankruptcy court to mail a copy of the order of discharge to the debtor and the debtor's attorney. The notice (a copy of the final order of the discharge) itself does not specify as to the debts determined by the court to be non-dischargable (i.e., not covered by the discharge). In other words, the notice will not tell you what the court determined as to what debts you still owe.

The purpose of the notice, which is also sent to all creditors, is to inform them that, generally, the debts owed to them have been discharged and that they should not pursue any form of collections. The notice also informs them that continuing collections efforts could subject them to punishment for contempt. If the clerk failed to send out this notice in a timely manner as specified by the rules, then the validity of the notice will not be effected.

If you lost/misplaced the discharge order, you can pay the necessary fees and obtain another copy from the clerk that sent out the discharge order. If this is an old case and it has been archived, then there will be an additional fee for retreiving the file from storage. Receiving the order will also take additional time should the case be in archives.

The discharge order may be available electronically. The PACER system provides the public with electronic access to selected case information through a personal computer located in many clerk's offices. The debtor can also access PACER. Users must set up an account to acquire access to PACER, and must pay a per-page fee to download and copy documents filed electronically.

Posted

No there is no papers that shows which debts were discharged verses which debts you still owe.

Instead, when you receive a discharge you will receive a piece of paper called a "Discharge of Debtor." The discharge eliminates your liability for all debts that are dischargeable under Bankruptcy Law.

You should have bankruptcy attorney explain to you which of your debts are going to be discharged under Bankruptcy Law in light of the specific facts of your case.

Amir Aalam

Posted

I see you are in San Diego, like me. You will receive a notice from the court around 60 days from the date of your 341a meeting. In some districts (like the Central District) the court seems to fall behind in sending those notices out but in our district the court is prompt about sending them out. Of course, be sure to file proof of your post filing financial management course or that notice will say your case is closed without the discharge. As the other attorneys have said the notice does not list out which debts are discharged. Those debts that can be legaly discharged (i.e. all debts other than certain non dischargeable ones such as taxes, child support student loans, etc.) are all discharged.

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