Discharged !?!?! and a question.....

[huntersmommy]

Well I'm pretty sure we got our discharge papers today

Would it come in an envelope with the address of our attorney on it though? It has the wording: Discharge of Debtor.....It is ordered : the debtor is granted a discharge under section 727 of title 11, United States Code, (the bankruptcy Code).
dated for 5/6 (our last date for objections was 5/5) and then there is the name of the US Bankruptcy judge.

Is this it or will there be an actual hand signed document coming yet? Need to get a frame....LOL!

Also if someone could answer this for me, we found out one of the creditors (some stupid magazine place) wasn't listed. Is it ok if I just mail them a copy of the discharge? Or should I call them and give them the reference number? Thanks in advance

[jessegirl]

Thats probably a copy that your attorney sent you. You should get one from the courts. It will be the same one as the attorney sent you.

Also, any debts that you had prior to filing would be discharged eventhough that creditor was not listed. As long as you are a no asset case. Just send them the discharge papers and you probably won't here from them anymore.

[jessegirl]

Ohhhhh and CONGRATS TO YOU ON YOUR DISCHARGE...........................

[huntersmommy]

Thanks sooooo much for clarifying that. I can't wait to get the real one

[jojo]

Thats probably a copy that your attorney sent you. You should get one from the courts. It will be the same one as the attorney sent you.

Also, any debts that you had prior to filing would be discharged eventhough that creditor was not listed. As long as you are a no asset case. Just send them the discharge papers and you probably won't here from them anymore.

Not to be argumentative, but I am pretty sure the debts needed to be added, not just send a copy of the discharge to whomever you didn't include and now want included. Can anybody else chime in on this?

[keepmine]

With the exception of the 1st Circuit. debts in a no asset Chapter 7 are discharged even if not listed. The reasoning is, no harm to the creditor since they'd have received nothing anyway. I posted the 1st circuit's position a couple of days ago on the bk news forum.
Here'a link to the way the majority of circuits view the matter.

http://www.usdoj.gov/ust/eo/public_affairs/articles/docs/abi012001.htm

[huntersmommy]

With the exception of the 1st Circuit. debts in a no asset Chapter 7 are discharged even if not listed. The reasoning is, no harm to the creditor since they'd have received nothing anyway. I posted the 1st circuit's position a couple of days ago on the bk news forum.
Here'a link to the way the majority of circuits view the matter.

http://www.usdoj.gov/ust/eo/public_a.../abi012001.htm

We are a no asset Chapter 7 and that is what I had thought I had read on here before. Thanks for posting that link.

[zpbk13]

Congrats to the OP on your discharge!

Our attorney told us that because we are a no asset case that all debts are discharged even if not listed. I am not sure I knew that before but it is reassuring to hear.

[momof3b1g]

Congrats!!

[liz417]

WhoooHoooo!! Congrats!!!!

[Rick9972]

Congrates!!!!

[jojo]

So please clarify for me. I am filing ch. 7. Just had my 341, awaiting discharge. Once I receive discharge, I can send a copy to dish network (whom I did not include). I still use them, am not behind, but would I be covered if I decided to cancel and break the 2 yr contract??
Or if I have outstanding medical bills. Discharge and then send them a copy?
Why would somebody amend their bankruptcy and pay additional money to their attorney then?