Fill and Sign the B 18w Form

B 18W (10/05)Unit ed St at es Bankrupt cy Court _______________ Dist rict Of _______________ In re Case No. ______________ Debtor* Address: Chapter 13 Last four digits of Social Security No(s).: Employer's Tax I.D. No(s). [if any]: DISCHARGE OF DEBTOR AFTER COMPLETIONOF CHAPTER 13 PLAN It appearing that the debtor is entitled to a discharge, IT IS ORDERED: The debtor is granted a discharge under section 1328(a) of title 11, United States Code, (the Bankruptcy Code). BY THE COURT Dated: _____________________ _____________________________________ United States Bankruptcy Judge SEE THE BACK OF THIS ORDER FOR IMPORTANT INFORMATION. ___________________________________________________________________________________ *Set forth all names, including trade names, used by the debtor with in the last 8 years. (Federal Rule of Bankruptcy Procedure 1005). Form B 18W continued (10/05)EXPLANATION OF BANKRUPTCY DISCHARGE IN A CHAPTER 13 CASE This court order grants a discharge to the person name d as the debtor after the debtor has completed all payments under the chapter 13 plan. It is not a dismissal of the case. Collection of Discharged Debts Prohibited The discharge prohibits any attempt to collect from the debt or a debt that has been discharged. For example, a creditor is not permitted to contact a debtor by mail, phone, or ot herwise, to file or continue a lawsuit, to attach wages or other property, or to take any other action to collect a discharged debt from the debtor. [In a case involving community property: There are also special rules that protect cer tain community property owned by the debtor's spouse, even if that spouse did not file a bankruptcy case.] A creditor who violates this order can be required to pay damages and attorney's fees to the debtor. However, a creditor may have the right to enforce a valid lien, such as a mortgage or security interest, against the debtor's property after the bankruptcy, if that lien was not avoided or eliminated in the bankruptcy case. Also, a debtor may voluntarily pay any debt that has been discharged. Debts That are Discharged The chapter 13 discharge order eliminates a debtor's legal obligation to pay a debt that is discharged. Most, but not all, types of debts are discharged if the debt is provi ded for by the chapter 13 plan or is disallowed by the court pursuant to section 502 of the Bankruptcy Code. Debts that are Not Discharged . Some of the common types of debts which are not discharged in a chapter 13 bankruptcy case are: a. Domestic support obligations; b. Debts for most student loans; c. Debts for most fines, penalties, forfeitures, or criminal restitution obligations; d. Debts for personal injury or death caused by the debtor's operation of a motor vehicle, vessel, or aircraft while intoxicated; e. Debts for restitution, or damages, awarded in a ci vil action against the debtor as a result of malicious or willful injury by the debtor that caused personal injury to an individual or the death of an individual (in a case filed on or after October 17, 2005); f. Debts provided for under section 1322(b)(5) of the Bankruptcy Code and on which the last payment is due after the date on which the final payment under the plan was due; g. Debts for certain consumer purchases made after the bankruptcy case was filed if prior approval by the trustee of the debtor’s incurring the debt was practicable but was not obtained; h. Debts for most taxes to the extent not paid in full under the plan (in a case filed on or after October 17, 2005); and i. Some debts which were not properly listed by th e debtor (in a case filed on or after October 17, 2005). This information is only a genera l summary of the bankruptcy discharg e. There are exceptions to these general rules. Because the law is complicated, you may want to consult an attorney to determine the exact effect of the discharge in this case.