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Order Discharging Debtor After Completion of Chapter 12 Plan -...

Philadelphia Pennsylvania Order Discharging Debtor After Completion of Chapter 12 Plan - updated 2005 Act form

Name: Philadelphia Pennsylvania Order Discharging Debtor After Completion of Chapter 12 Plan - updated 2005 Act form
Brand: US Legal Forms
Rating: 4.68 (332 reviews)

Category:

Bankruptcy - Discharges

State:

Multi-State

County:

Philadelphia

Control #:

US-B-18F

Format:

Instant download

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Public form

Description

The form provides that the debtor is granted discharge under 11 U.S.C. section 1228(a). The form also requires a signature by the bankruptcy judge.

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FAQ

Following a bankruptcy discharge, debt collectors and lenders can no longer attempt to collect the discharged debts. That means no more calls from collectors and no more letters in the mail, as you are no longer personally liable for the debt. A bankruptcy discharge doesn't necessarily apply to all of the debt you owe.

Dismissal of a Bankruptcy Case Dismissal ordinarily means that the court stopped all proceedings in the main bankruptcy case AND in all adversary proceedings, and a discharge order was not entered. Dismissal can occur because a debtor requested the dismissal and qualifies for voluntary dismissal.

The court can either dismiss it or discharge it. According to the United States Courts, the goal should be a discharge because this means the court accepts your bankruptcy case and forgives your debts. A dismissal occurs when something goes wrong with your case and the court is unable to finalize the bankruptcy claim.

You Incurred Debts Through Fraud, False Pretenses, or Misrepresentation. Fraudulent debts aren't dischargeable in bankruptcy. If you lied on a loan application or otherwise used fraud, false pretenses, or misrepresentation to obtain credit, the creditor will likely have grounds to object to your discharge.

Subdivision (a) is amended to clarify that, in a chapter 7 case, the deadline for filing a complaint objecting to discharge under §727(a) is 60 days after the first date set for the meeting of creditors, whether or not the meeting is held on that date.

To object to the debtor's discharge, a creditor must file a complaint in the bankruptcy court before the deadline set out in the notice. Filing a complaint starts a lawsuit referred to in bankruptcy as an "adversary proceeding."

Thus, where a creditor has the ability to change the credit report, the best practice is to change the reporting upon discharge or, at the latest, as soon as the creditor receives such a request from the debtor by either deleting the debt or specifically reporting the debt as discharged in bankruptcy.

The discharge order sent by the Clerk's Office will contain a general statement about the categories of debts that are discharged. The individual debts that are discharged will not be listed on the discharge order.

One common ground for denying a discharge is when the debtor with intent to hinder, delay, or defraud a creditor transfers, removes, destroys, mutilates, or conceals property within one year before the date of filing for bankruptcy or any time after the date of filing.

Philadelphia Pennsylvania Order Discharging Debtor After Completion of Chapter 12 Plan - updated 2005 Act form

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FAQ

What happens after bk discharge?

What does BK dismissed mean?

What is the difference between bk discharge and BK dismissal?

Why would a creditor object to a debt being discharged?

What is the deadline for filing a complaint objecting to a discharge?

How do I object to a debtor's discharge?

How do I remove a discharge from my credit report?

How do I know what debts were discharged?

Under what circumstances can a debtor be denied a discharge?

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What is the Philadelphia Order Discharging Debtor After Completion of Chapter 12 Plan - updated 2005 Act form782696?

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