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did i get a full discharge

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    did i get a full discharge

    basics


    sept 11th
    last day for objections wa on sept 11th, sept 11th a creditor objected.

    sept 12th order
    order of discharge batch




    Northern District Of Ohio
    United States Bankruptcy Court
    201 Superior Avenue
    Cleveland, OH 44114-1235
    In re:
    Daniel Steven xxxx
    Bonnie Duff xxxx
    aka Bonnie xxxx-
    Case No.: 06-1xxxxx-pmc
    Chapter: 7
    Address:
    xxxx xxxxx xxxxx.
    xxxx xxxx xxxxx
    Last four digits of Social Security No.:
    xxx-xx-9319
    xxx-xx-4725
    DISCHARGE OF DEBTOR
    IN A CHAPTER 7 CASE
    It appearing that the debtor is entitled to a discharge, IT IS ORDERED: The debtor is granted a discharge
    under section 727 of title 11, United States Code, (the Bankruptcy Code).
    Dated: September 12, 2006
    Form ohnb234
    /s/ Pat E. Morgenstern-Clarren
    United States Bankruptcy Judge
    SEE THE BACK OF THIS ORDER FOR IMPORTANT INFORMATION


    EXPLANATION OF BANKRUPTCY DISCHARGE IN A CHAPTER 7 CASE
    This court order grants a discharge to the person named as the debtor. It is not a dismissal of the case and it does not
    determine how much money, if any, the trustee will pay to creditors.
    Collection of Discharge Debts Prohibited
    The discharge prohibits any attempt to collect from the debtor a debt that has been discharged. For example, a
    creditor is not permitted to contact a debtor by mail, phone, or otherwise, 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 certain 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 7 discharge order eliminated a debtor's legal obligation to pay a debt that is discharged. Most, but not all,
    types of debts are discharged if the debt existed on the date the bankruptcy case was filed. (If this case was begun
    under a different chapter of the Bankruptcy Code and converted to chapter 7, the discharge applies to debts owed
    when the bankruptcy case was converted.)
    Debts that are Not Discharged
    Some of the common types of debts which are not discharged in a chapter 7 bankruptcy case are:
    a. Debts for most taxes;
    b. Debts incurred to pay nondischargeable taxes;
    c. Debts that are domestic support obligations;
    d. Debts for most student loans;
    e. Debts for most fines, penalties, forfeitures, or criminal restitution obligations;
    f. Debts for personal injuries or death caused by the debtor's operation of a motor vehicle, vessel, or aircraft while
    intoxicated;
    g. Some debts which were not properly listed by the debtor;
    h. Debts that the bankruptcy court specifically has decided or will decide in this bankruptcy case are not discharged;
    i. Debts for which the debtor has given up the discharge protections by signing a reaffirmation agreement in
    compliance with the Bankruptcy Code requirements for reaffirmation of debts.
    j. Debts owed to certain pension, profit sharing, stock bonus, other retirement plans, or to the Thrift Savings Plan for
    federal employees for certain types of loans from these plans.
    This information is only a general summary of the bankruptcy discharge. 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.

    #2
    what about the objection

    there was a cash advace 116 days before the bankruptcy case was submitted, the cc company submitted a objection on the last day

    is this debt also discharged?

    Comment


      #3
      odd. but a discharge is a discharge. I'd call the clerk just in case. But most judges aren't that incompetent.

      r
      Filed: 05/04/06 (los angeles)
      341: 06/05/06
      Discharged: 8/29/06
      Closed: 9/08/06

      Comment


        #4
        never know

        Originally posted by razorguns View Post
        odd. but a discharge is a discharge. I'd call the clerk just in case. But most judges aren't that incompetent.

        r
        my attorney has had her license permenetly suspended from practicing in ohio. right in the middle of my 60 day objection period.

        so i guess a judge can goof also

        Comment


          #5
          If the trustee did not follow through with the objection, then you are in the clear. The trustee is often the one to object last minute... Not such a good idea for a creditor to do it. Your discharged was ordered, now you just wait for closing.

          Comment

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