Nevada Bankruptcy Lawyer - Bankruptcy Attorney

How does the debtor get a discharge?

Unless there is litigation involving objections to the discharge, the debtor will automatically receive a discharge. The Federal Rules of Bankruptcy Procedure provide for the clerk of the bankruptcy court to mail a copy of the order of discharge to all creditors, the United States trustee, the trustee in the case, and the trustee's attorney, if any. The debtor and the debtor's attorney also receive copies of the order of discharge. The order of discharge is not specific as to those debts determined by the court to be non dischargeable, i.e., not covered by the discharge. The order of discharge informs creditors generally that the debts owed to them have been discharged and that they should not attempt any further collection. They are cautioned in the order that continuing collection efforts could subject them to punishment for contempt. Any inadvertent failure on the part of the clerk to send the debtor or any creditor a copy of the discharge order promptly within the time required by the rules does not affect the validity of the order granting the discharge.

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