Sample Letter Regarding Discharge of Debtor and Order Approving Trustee's Report of No Distribution and Closing Estate [Your Name] [Your Address] [City, State, ZIP] [Email Address] [Phone Number] [Date] [Bankruptcy Court Clerk's Name] [Bankruptcy Court Name] [Bankruptcy Court Address] [City, State, ZIP] Subject: Discharge of Debtor and Order Approving Trustee's Report of No Distribution and Closing Estate Dear [Bankruptcy Court Clerk's Name], I am writing this letter regarding the discharge of debtor and order approving trustee's report of no distribution and closing estate in the matter of [Debtor's Full Name], Case No. [Bankruptcy Case Number], Chapter [Chapter Number] bankruptcy proceeding. I, [Debtor's Full Name], hereby request the discharge of my debts in accordance with the provisions of the Bankruptcy Code. I have successfully completed all required payments, debtor education courses, and other obligations as mandated by the Bankruptcy Court. Furthermore, I am seeking relief as per the provisions outlined under 11 U.S.C. § 727. Furthermore, I acknowledge and appreciate the diligent efforts of the trustee assigned to my case, [Trustee's Full Name]. I understand that the trustee has prepared and filed a final report, indicating that there are no assets available for distribution to creditors. I have carefully reviewed the trustee's report and concur with its findings. Furthermore, I am in agreement with the trustee that the estate should be closed without any distribution to creditors. Furthermore, I hereby request the Court to approve the trustee's report and close my bankruptcy estate accordingly. In light of the above, I kindly request the court to issue an order approving the trustee's report of no distribution and closing the bankruptcy estate. Additionally, I seek a discharge of all applicable debts and a final decree stating that I am no longer liable for any discharged debts. Enclosed with this letter, please find the following documents for your review and reference: 1. Trustee's Final Report 2. Debtor's Completion of Debtor Education Course Certificate 3. Schedule J — Current Expenditures 4. Certificate of Service I have taken utmost care to ensure that all required documents are enclosed with this letter. If any additional information or documentation is needed to proceed with the discharge and closing of the estate, kindly inform me promptly so that I may submit the necessary material. Thank you for your attention to this matter. Should you have any questions or require further clarification, please do not hesitate to contact me via the provided contact information. I look forward to your favorable consideration and timely resolution of my discharge and closing of the estate. Sincerely, [Your Name]
Oakland Michigan Sample Letter regarding Discharge of Debtor and Order Approving Trustee's Report of No Distribution and Closing Estate
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FAQ
A discharge releases a debtor from personal liability of certain debts known as dischargeable debts, and prevents the creditors owed those debts from taking any action against the debtor or the debtor's property to collect the debts.
The final distribution of probate is the transfer of title and assets to the heirs and beneficiaries named in the decedent's estate. This takes place after the probate has been fully administered and the judge signs off that the estate is settled and can be distributed.
The court may deny an individual debtor's discharge in a chapter 7 or 13 case if the debtor fails to complete "an instructional course concerning financial management." The Bankruptcy Code provides limited exceptions to the "financial management" requirement if the U.S. trustee or bankruptcy administrator determines
Denial of discharge is a penalty for debtor misconduct. The debtor can be denied a discharge of all of his/her debts if the court finds, after trial, that the debtor committed certain acts deemed incompatible with the "honest but unfortunate debtor.
Normally the only way for a court to deny you a discharge is if you are either dishonest or you fail to follow court rules and requirements.... Attempt to Defraud.Concealing or Destroying Information.Lying.Loss of assets.Refusal to comply with court order.Failure to take instructional course.
The Trustee's Report of No Distribution, or NDR, lets the court and all interested parties know that no money will be paid to creditors. If a NDR is filed, the court will close the bankruptcy case shortly after the discharge has been entered.
Domestic support obligations, like alimony and child support are always considered non-dischargeable debts in bankruptcy. You can't get rid of past due domestic support payments by filing a bankruptcy case. This is one of those public policy interest exceptions.
Most assets can be distributed by preparing a new deed, changing the account title, or by giving the person a deed of distribution. For example: To transfer a bank account to a beneficiary, you will need to provide the bank with a death certificate and letters of administration.
The California petition for final distribution gives the court a detailed history of the probate case. More specifically, it explains why the estate is ready to close and outlines the distributions to beneficiaries.
If you hide assets, lie on your bankruptcy papers, file for bankruptcy solely to delay creditors, or otherwise abuse the bankruptcy system, the bankruptcy trustee can ask the court to deny you a discharge for all your debts.
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The Tax Collector shall have power, upon payment of said taxes, to refund said taxes upon an application in writing signed by the occupant/owner, or the executors or administrators of the estate of the deceased occupant/owner, signed by the occupant/owner, or the executors/ administrators of the estate of the deceased occupant/owner, signed by the Administrator of the Board of Realtors, together with a signed and executed statement signed by the occupant/owner, or executors or administrators of the estate of the deceased occupant/owner, on or before March 1, 1972. (ORD. O-78 § 6, 1979; ORD. O-77 § 3, 1977; ORD. O-74 § 1 (part), 1974). 12-28-111. Exemption of real estate occupied by persons without insurance or financial responsibility.
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