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Received Discharge letter but What was discharged? Pro Se filers.

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    Received Discharge letter but What was discharged? Pro Se filers.

    Hello,
    We received a letter stating we were granted a discharge under section 727 of title 11 however...it also states that some of the common types of debts which are not discharged ...and it listed several such as most taxes, most student loans, etc...
    How do we find out what was discharged and what wasn't discharged?On th bottom of the page it stated:..."This info 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 effct of the discharge in this case". Since we are Pro Se filers, we don't have an attorney.
    Your help would be greatly appreciated.

    #2
    Hi Tracie

    I believe if you filed any of the following in a Chapter 7 case, the most common types of debts that can't be discharged are: (I might be missing some - I believe these are most common)

    Taxes and tax liens
    Student loans
    Alimony and child support (domestic support obligations)
    Debts obtained through fraud, false pretenses or false representation
    Debts you failed to schedule in time to allow creditors to file proofs of claim (unscheduled debts)
    Debts for fraud while you were acting in a fiduciary capacity, or for embezzlement or larceny
    Debts for willful and malicious injury
    Debts for fines or penalties to governmental units
    Debts for judgments in wrongful death or personal injury lawsuits resulting from motor vehicle, vessel or aircraft accidents while you were intoxicated
    Condominium or cooperative association fees or assessments

    Unless you filed any of the above; all your debts listed on that computer generated page 3 and 4 of your discharge order should be covered under your discharge.

    Congrats on the discharge.
    Filed Pro Se: 11.12.2010 ~ 341: 1.12.2011 ~ Discharged: 3.9.2011 ~ Officially an Asset Case: 3.30.2011 ~ Last Day to File Asset Claim: 6.28.2011 ~ Trustee Final Report: 8.1.2011 ~ Asset Distribution: 8.31.2011 ~ Case Close: 11.15.2011

    Comment


      #3
      Congratulations on your discharge!
      Filed 1/31/11 341 3/2/11 Waiting for discharge........

      Comment


        #4
        Congratulations. The discharge letter does not specifically list what was discharged but includes some things that may not be discharged. Also, if you are an asset case, only those "dischargeable" items that you scheduled (listed on your documentation) are discharged!
        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


          #5
          CONGRATULATIONS!!!! Way to go. You won it fair and square, so here you go:

          http://www.youtube.com/watch?v=f9aA_...eature=related

          "To go bravely forward is to invite a miracle."

          "Worry is the darkroom where negatives are formed."

          Comment


            #6
            Your Discharge paperwork covers everything that you included in your Creditor Matrix, except for the exempt items listed on the back of the form, which another poster already listed.

            Now, the paperwork also says that you are free to repay any debt that has been discharged that you wish to pay--but you don't have to.
            "To go bravely forward is to invite a miracle."

            "Worry is the darkroom where negatives are formed."

            Comment

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