Discharge of Debtor
INSTRUCTIONS: DISCHARGE OF DEBTOR CHAPTER 7
Chapter 7 bankruptcy proceedings are for individuals or businesses that are unable to pay their debts in their entirety. In order to undertake this process, you must first complete a Chapter 7 means test. This form can be obtained from the United States Courts website. Your local bankruptcy court must then process and review this form.
If your request is approved, you will then be issued a Discharge of Debtor Chapter 7 form. Essentially, this form requires all creditors to cease collection actions and wait for the establishment of a payment plan. There is no way to obtain this form other than going to bankruptcy court.
Discharge of Debtor Chapter 7 Step 1: A judge will list the name of the bankruptcy court where you are indicated at the top of the form.
Discharge of Debtor Chapter 7 Step 2: Underneath this space, a judge will list your full name, including all trade, married and maiden names that you have used within the last eight years. Provide this information as required.
Discharge of Debtor Chapter 7 Step 3: A judge will list your address.
Discharge of Debtor Chapter 7 Step 4: A judge will list your Social Security Number and/or Employer Tax-Identification Number as applicable.
Discharge of Debtor Chapter 7 Step 5: A judge will list the number which has been assigned to your case.
Discharge of Debtor Chapter 7 Step 6: A judge will make sure that you understand the generic statement beneath this information. This is a brief statement that it appears that you are entitled to a stay in collection efforts.
Discharge of Debtor Chapter 7 Step 7: Once you are given a copy of this document, bankruptcy proceedings will continue. This document is not dissolution of all your debts. The document will list some of the debts which do not apply to Chapter 7. These include most taxes, student loan payments, fines and criminal penalties, and domestic support payments
Discharge of Debtor Chapter 7 Step 8: This agreement can be revoked or nullified by a judge if you are found to have concealed income or otherwise committed fraud.
Discharge of Debtor Chapter 7 Step 9: Due to the complexity of bankruptcy proceedings, this form also contains a notice advising applicants to obtain the assistance of a bankruptcy attorney if they have not already done so.