The debtor typically and automatically gets a discharge except if there is lawsuit concerning protest to the discharge. The clerk of the bankruptcy court is permitted to mail a copy of the 'Order of Discharge' under the Federal Rules of Bankruptcy Procedure to the U.S. trustee, all creditors, the trustee in the case, and the trustee's attorney as well as the debtor and the debtor's attorney receive copies of the discharge order. The notice is merely a copy of the final order of discharge, not exactly specifying the debts that are non-dischargeable or not covered by discharge determined by the court. The creditors are simply informed by the notice that the debts owed by the debtor have been discharged and they should not even attempt any further collection by any means or else they will be punished for any collection efforts explains Minneapolis bankruptcy lawyer. Any unintentional failure on behalf of the clerk to send a copy of the discharge order promptly within the time required by the rules to the debtor or any creditor does not change the legality of the order conceding the discharge.
All debts are not necessarily discharged. The debts discharged differ under each chapter of the Bankruptcy Code. Section 523(a) of the Code particularly accepts various types of debts from the discharge granted to individual debtors. Consequently, the debtor is required to repay those debts after bankruptcy. It has been determined by the Congress that such sorts of debts are not dischargeable for public policy and the reasons depends either on the nature of the debt or the fact that the debts were earned due to inappropriate behavior of the debtor, like debtor's drunken driving says Minneapolis bankruptcy attorney.
Under chapters 7, 11, and 12 there are 19 categories of debt excepted from discharge whereas an added limited list of exceptions pertains to cases under chapter 13.
Generally, the exceptions to discharge affect automatically if the language approved by section 523(a) is relevant. The kinds of debts described in sections 523(a)(2), (4), and (6) (debts affected by fraud or maliciousness) are not automatically excepted from discharge. Creditors should ask the court to establish if these debts are excepted from discharge. In the nonattendance of an affirmative request by the creditor and the granting of the request by the court, the kinds of debts set out in sections 523(a)(2), (4), and (6) will be discharged suggests Minneapolis bankruptcy lawyer.
All debts are not necessarily discharged. The debts discharged differ under each chapter of the Bankruptcy Code. Section 523(a) of the Code particularly accepts various types of debts from the discharge granted to individual debtors. Consequently, the debtor is required to repay those debts after bankruptcy. It has been determined by the Congress that such sorts of debts are not dischargeable for public policy and the reasons depends either on the nature of the debt or the fact that the debts were earned due to inappropriate behavior of the debtor, like debtor's drunken driving says Minneapolis bankruptcy attorney.
Under chapters 7, 11, and 12 there are 19 categories of debt excepted from discharge whereas an added limited list of exceptions pertains to cases under chapter 13.
Generally, the exceptions to discharge affect automatically if the language approved by section 523(a) is relevant. The kinds of debts described in sections 523(a)(2), (4), and (6) (debts affected by fraud or maliciousness) are not automatically excepted from discharge. Creditors should ask the court to establish if these debts are excepted from discharge. In the nonattendance of an affirmative request by the creditor and the granting of the request by the court, the kinds of debts set out in sections 523(a)(2), (4), and (6) will be discharged suggests Minneapolis bankruptcy lawyer.
