Form 3180w - Order Of Discharge
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1
2Information to identify the case:
Debtor 1
______________________________________________
_ _ _ _
Last 4 digits of Social Security number or ITIN
First Name
Middle Name
Last Name
EIN
_ _ - _ _ _ _ _ _ _ _
Debtor 2
______________________________________________
_ _ _ _
Last 4 digits of Social Security number or ITIN
(Spouse, if filing) First Name
Middle Name
Last Name
EIN
_ _ - _ _ _ _ _ _ _ _
United States Bankruptcy Court for the: _________ District of ______________
(State)
Case number: ________________________
Order of Discharge
IT IS ORDERED: A discharge under 11 U.S.C. § 1328(a) is granted to:
___________________________
[_________________________________]
[include all names used by each debtor, including trade names, within the 8 years prior to the filing of the petition]
_____________
By the court: _____________________________
United States Bankruptcy Judge
MM / DD / YYYY
Explanation of Bankruptcy Discharge in a Chapter 13 Case
Most debts are discharged
This order does not close or dismiss the case.
Most debts are covered by the discharge, but not all.
Generally, a discharge removes the debtors’
Creditors cannot collect discharged debts
personal liability for debts provided for by the
This order means that no one may make any
chapter 13 plan.
attempt to collect a discharged debt from the debtors
personally. For example, creditors cannot sue,
In a case involving community property: Special
garnish wages, assert a deficiency, or otherwise try
rules protect certain community property owned by
to collect from the debtors personally on discharged
the debtor’s spouse, even if that spouse did not file a
debts. Creditors cannot contact the debtors by mail,
bankruptcy case.
phone, or otherwise in any attempt to collect the
debt personally. Creditors who violate this order can
Some debts are not discharged
be required to pay debtors damages and attorney’s
Examples of debts that are not discharged are:
fees.
debts that are domestic support obligations;
However, a creditor with a lien may enforce a claim
against the debtors’ property subject to that lien
debts for most student loans;
unless the lien was avoided or eliminated. For
example, a creditor may have the right to foreclose a
debts for certain types of taxes specified in
home mortgage or repossess an automobile.
11 U.S.C. §§ 507(a)(8)(C), 523(a)(1)(B), or
This order does not prevent debtors from paying any
523(a)(1)(C) to the extent not paid in full under the
plan;
debt voluntarily. 11 U.S.C. § 524(f).
►
For more information, see page 2
Form 3180W
Chapter 13 Discharge
page 1
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