Posts Tagged ‘bankruptcy discharge records’

What Are The Things Included In Bankruptcy Discharge Records?

The bankruptcy discharge records issued by the court include the details about those debt accounts that the debtor has been relieved as part of the bankruptcy protection. The debtor no longer can be held liable to make the repayment on the debts that have thus been discharged. These discharge orders prohibit the creditors associated with those debts from getting involved in any activities to collect those debts from the debtor. If they do, it will be treated as an illegal activity, and the debtor can sue them for this. Though the legal procedures may vary from one jurisdiction to another, the discharge records are often identical. Following is a brief rundown on some of the important things that these records include.

The Court Order

The bankruptcy discharge records include the actual court order issued to relieve the debtor from certain types of debts. Here, it is very important for you to keep in mind that not all types of debts get discharged in bankruptcy. Some of the debts that are never discharged include tax dues, student loans, and other such things. Even after getting declared as bankrupt, a debtor will still be liable to make the repayment toward those debts that are non-dischargeable. The actual order by the bankruptcy judge is written in this record in a concise format and provides the details of those debts that have been discharged under section 727 of title 11 of the US Bankruptcy Code.

You Only Receive A Certified Copy, Not The Original One

It is also very important for you to keep in mind that the original copies of the bankruptcy discharge records remains on the file with the court clerk. When you request for those papers, you get the certified copies of the same, not the original ones. The documents are made authentic by attesting it with a signature from the office of the court clerk and by including an official stamp.

List of Non-dischargeable debts

The records also include a detailed list of all those debts that could not be discharged. Some common examples of these debts are – restitution orders, criminal fines, student loans, child support obligations, alimony obligations, and tax dues. Besides that, any debt that the debtor acquired during the bankruptcy proceedings also do not qualify for discharge.

Last, but not the least, the Bankruptcy discharge records also include signature (with date) of the judge that presided over the debtor’s case.

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