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Do I recieve a list of Discharged Debts?

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    Do I recieve a list of Discharged Debts?

    Do I receive a list of discharged debts upon receiving my discharge from bankruptcy?

    The short answer is no. In fact, your discharge order is only 1-2 page(s) and merely states that, the debtor is discharged from bankruptcy.

    The bankruptcy code is quite specific about the "exceptions" to discharge (11 USC 523). For a summary see this FAQ http://www.bankruptcyforum.com/showthread.php?t=65. The code provides a list of types of debts that cannot be discharged in bankruptcy, the most common being IRS taxes assessed in the 3 years prior to you filing BK, child and spousal support obligations, and federally or non-profit supported student loans.

    So, if any of the debts you listed on your BK petition fall within one of the definitions of non-dischargable debts outlined in 11 USC 523, it is NOT discharged, if your debt does not fall within one of those definitions, then it is discharged.

    Moreover, the code sometimes puts the burden on the debtor to prove a debt can be discharged, e.g. Student Loans, in other instances the burden is on the creditor to prove the loan cannot be discharged, e.g. debts arising from fraud.

    The other caveat has to do with a creditor filing an Objection to Discharge, this occasionally happens in the scenario where a debtor has a major cash advance or balance transfer on a credit card within a 6 months of filing BK, the bank may file an objection to discharge. You will know if they do and there will be a hearing in the BK court regarding their objection.

    In short, the list of discharged debts are the creditors you listed on your BK petition that have dischargable debt (reminder, you are to list all creditors on your BK petition regardless of whether the debt can be discharged or not). Neither the trustee, Bankruptcy court, or bankruptcy clerk will send you an itemized list indicating which of your debts are discharged and which are not.
    Last edited by HHM; 03-16-2008, 10:38 AM.

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