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Just received the - discharge under section 727 of title 11 letter - now what?

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    Just received the - discharge under section 727 of title 11 letter - now what?

    Hello Everyone,

    I just received a letter stating that ""the debtor is granted a discharge under section 727 of title 11" - Finally!!!

    But now what? How do I find out which debts have been discharged and which I still owe?

    Thanks for the Help!!

    #2
    Everything that was listed on your petition (Schedules A-F) is discharged except;
    • a lease that you assumed
    • a mortgage that you reaffirmed
    • income taxes (unless you filed a complaint to determine dischargeability)
    • a debt that is not scheduled (except that some Districts allow all debts that are otherwise dischargeable and were incurred prior to the date of the petition, in a no-asset case)
    • domestic support obligations
    • fine or other criminal penalties
    • judgments awarded because you were convicted of DUI/DWI
    • judgments awarded due to willful negligence
    • judgment liens
    • anything ordered as part of an order of dissolution (of marriage)
    • (and bunches of other things in 11 USC 523)


    Those are the major things.
    Last edited by justbroke; 03-29-2010, 09:11 PM. Reason: Correced Petition Stuff
    Chapter 7 (No Asset/Non-Consumer) Filed (Pro Se) 7/08 (converted from Chapter 13 - 2/10)
    Status: (Auto) Discharged and Closed! 5/10
    Visit My BKForum Blog: justbroke's Blog

    Any advice provided is not legal advice, but simply the musings of a fellow bankrupt.

    Comment


      #3
      Thanks. But is there a way to see exactly which of my debts have been discharged and which have not - assuming that some debts could be considered borderline (i.e. loans taken during school - which are not direct student loans.)

      I guess a way to find out would be to call the creditors and ask? but is there a better way?

      Thanks Again

      Comment


        #4
        Not sure I would call the creditor and ask if I still owed money lol. You can check your credit report to see if it shows IIB and Zero balance. Does anyone know if Pacer shows what's discharged?
        Filed CH7 Feb 12 2010
        341 March 18
        Discharged...May 18
        Awaiting closing...

        Comment


          #5
          Something in 11 USC 523 allows a party to ask the court to determine the dischargeability of a specific debt, I think, though you'd have to file something to have them bother -- hopefully it wouldn't be the whole fuss of an adversary proceeding. Normally, the court does indeed not work through your debts and figure out which are discharged or not.

          Don't assume that whoever you call at your creditor is any more clueful about bankruptcy than you are. Your best bet may be to ask an attorney about the specific debt, as it may be legally a fairly clear case either way. If it's genuinely gray, it will probably cost some money to get them to get the judge to rule on the matter.

          Oh, and congratulations on the discharge order. (-:

          Comment


            #6
            Originally posted by JustFinished View Post
            Thanks. But is there a way to see exactly which of my debts have been discharged and which have not - assuming that some debts could be considered borderline (i.e. loans taken during school - which are not direct student loans.)
            I just wrote that above. It's everything that you have scheduled (is listed on your Schedules A-F). But I have to caveat it based on what you assumed or reaffirmed, or that is not dischargeable without filing a complaint.

            If you surrendered all your secured debt and/or didn't reaffirm anything, then you have discharged everything except for those things listed above (a very important distinction)

            So, just look at your schedules.
            Chapter 7 (No Asset/Non-Consumer) Filed (Pro Se) 7/08 (converted from Chapter 13 - 2/10)
            Status: (Auto) Discharged and Closed! 5/10
            Visit My BKForum Blog: justbroke's Blog

            Any advice provided is not legal advice, but simply the musings of a fellow bankrupt.

            Comment

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