Understanding the complexities surrounding financial distress and the process of bankruptcy is crucial for individuals and businesses alike. The B18 form, also known as Official Form 18, plays a significant role in the bankruptcy proceedings within the United States Bankruptcy Court. This document is essential for those filing under Chapter 7, as it pertains to the discharge of the debtor, effectively freeing them from the legal obligation to pay off specified debts. The form requires detailed information about the debtor, including any names used in the past eight years, the last four digits of social security or taxpayer identification numbers, and any employer tax identification numbers. It symbolizes a crucial step towards financial recovery, marking the moment when a debtor is released from the burden of their listed debts. However, it's important to note that not all debts are discharged through this process. Certain obligations, such as taxes, domestic support, student loans, and others listed, remain unaffected. Additionally, the discharge prohibits creditors from attempting to collect any discharged debts, offering debtors a level of protection against further financial strain. The intricacies of the B18 form and its implications highlight the importance of understanding legal documents and the protections they afford in the context of bankruptcy. This introduction aims to shed light on the major aspects of the B18 form, guiding individuals through their journey towards financial relief and a fresh start.
| Question | Answer |
|---|---|
| Form Name | Form B18 |
| Form Length | 2 pages |
| Fillable? | No |
| Fillable fields | 0 |
| Avg. time to fill out | 30 sec |
| Other names | form 18 download, form 18, b18 official, court form 18 |
B18 (Official Form 18) (12/07)
United States Bankruptcy Court
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In re |
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[Set forth here all names including married, |
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maiden, and trade names used by debtor within |
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last 8 years.] |
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Debtor |
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Case No. ________________ |
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Address ________________________________________ |
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_______________________________________ |
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Chapter 7 |
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Last four digits of |
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Identification No(s)(if any).: ___________________________ |
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______________________________________________________ |
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Employer |
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________________________________________________________ |
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DISCHARGE OF DEBTOR
It appearing that the debtor is entitled to a discharge, IT IS ORDERED: The debtor is granted a discharge under section 727 of title 11, United States Code, (the Bankruptcy Code).
Dated: _____________________
BY THE COURT
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United States Bankruptcy Judge
SEE THE BACK OF THIS ORDER FOR IMPORTANT INFORMATION.
B18 (Official Form 18) (12/07) - Cont.
EXPLANATION OF BANKRUPTCY DISCHARGE
IN A CHAPTER 7 CASE
This court order grants a discharge to the person named as the debtor. It is not a dismissal of the case and it does not determine how much money, if any, the trustee will pay to creditors.
Collection of Discharged Debts Prohibited
The discharge prohibits any attempt to collect from the debtor a debt that has been discharged. For example, a creditor is not permitted to contact a debtor by mail, phone, or otherwise, to file or continue a lawsuit, to attach wages or other property, or to take any other action to collect a discharged debt from the debtor. [In a case involving community property: There are also special rules that protect certain community property owned by the debtor's spouse, even if that spouse did not file a bankruptcy case.] A creditor who violates this order can be required to pay damages and attorney's fees to the debtor.
However, a creditor may have the right to enforce a valid lien, such as a mortgage or security interest, against the debtor's property after the bankruptcy, if that lien was not avoided or eliminated in the bankruptcy case. Also, a debtor may voluntarily pay any debt that has been discharged.
Debts that are Discharged
The chapter 7 discharge order eliminates a debtor's legal obligation to pay a debt that is discharged. Most, but not all, types of debts are discharged if the debt existed on the date the bankruptcy case was filed. (If this case was begun under a different chapter of the Bankruptcy Code and converted to chapter 7, the discharge applies to debts owed when the bankruptcy case was converted.)
Debts that are Not Discharged.
Some of the common types of debts which are not discharged in a chapter 7 bankruptcy case are:
a.Debts for most taxes;
b.Debts incurred to pay nondischargeable taxes;
c.Debts that are domestic support obligations;
d.Debts for most student loans;
e.Debts for most fines, penalties, forfeitures, or criminal restitution obligations;
f.Debts for personal injuries or death caused by the debtor's operation of a motor vehicle, vessel, or aircraft while intoxicated;
g.Some debts which were not properly listed by the debtor;
h.Debts that the bankruptcy court specifically has decided or will decide in this bankruptcy case are not discharged;
i.Debts for which the debtor has given up the discharge protections by signing a reaffirmation agreement in compliance with the Bankruptcy Code requirements for reaffirmation of debts; and
j.Debts owed to certain pension, profit sharing, stock bonus, other retirement plans, or to the Thrift Savings Plan for federal employees for certain types of loans from these plans.
This information 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 effect of the discharge in this case.