In my last blog I discussed the what and when of bankruptcy discharge and today I will examine how you, as a debtor, obtain a discharge. Usually you will receive your discharge automatically after your case is settled, unless there is a legal disputation involving an objection to the discharge. The clerk of the bankruptcy court will mail a copy of the discharge order to all of your creditors, the trustee in your case, your trustee’s attorney, if there is one, and the U.S. trustee. You and your bankruptcy attorney will also receive copies of the discharge order.

The notice will not specify the debts which are determined by the court to be non-dischargeable, in other words, any debts not covered by the discharge. The notice will simply be a copy of the final discharge order. It will inform your creditors that the debts owed to them have been discharged and that they should not make any more attempts to collect from you. They will be warned in the notice that such attempts at collecting on your discharged debts could result in punishment for contempt.

If the clerk unwittingly fails to send you, or any of your creditors, a copy of the discharge order within the time dictated by the Federal Rules of Bankruptcy Procedure this will not affect the validity of the discharge order.

If you live in Denver, Aurora, Arvada, Brighton, Broomfield, Commerce City, Englewood, Highlands Ranch, Lakewood, Lafayette, Littleton, Northglenn, Westminster, Wheat Ridge, or Golden, Colorado, please feel free to contact me with any questions. Kevin D. Heupel, Colorado Bankruptcy lawyer, 303-955-7570,                      Colorado Bankruptcy Help Email,  personal bankruptcy free-consultation form.