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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 discharge
order. The notice, which is simply a
copy of the final 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 notice 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
notice 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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