How Does a Debtor Obtain a Discharge?

Except if there is litigation concerning objections to the discharge, the debtor will without doubt receive a discharge. The Federal Rules of Bankruptcy Procedure provide for the clerk of the bankruptcy court to mail a copy of the order of discharge to all creditors, the United States trustee, the trustee in the case, and the trustee’s attorney, if any. The debtor and the debtor’s attorney also take delivery of copies of the discharge order. The notice, which is in simple terms a copy of the final order of discharge, is not exact as to those debts determined by the court to be non-dischargeable, i.e., not covered by the discharge. The notice informs creditors generally that the debts owed to them have been discharged and that they should not try any further collection. They are warned in the notice that continuing collection efforts could subject them to punishment for contempt. Any inadvertent failure on the part of the clerk to send the debtor or any creditor a copy of the discharge order quickly within the time required by the rules doesn’t affect the validity of the order granting the discharge.

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