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 deter- mined 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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