Form 318 Order of Discharge

Form 318 or the "Order Of Discharge" is a form issued by the United States Courts.

Download a PDF version of the latest Form 318 down below or find it on the United States Courts Forms website.

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Information 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
12/15
IT IS ORDERED: A discharge under 11 U.S.C. § 727 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 7 Case
This order does not close or dismiss the case, and it
This order does not prevent debtors from paying any
does not determine how much money, if any, the
debt voluntarily or from paying reaffirmed debts
trustee will pay creditors.
according to the reaffirmation agreement.
11 U.S.C. § 524(c), (f).
Creditors cannot collect discharged debts
Most debts are discharged
This order means that no one may make any
attempt to collect a discharged debt from the debtors
Most debts are covered by the discharge, but not all.
personally. For example, creditors cannot sue,
Generally, a discharge removes the debtors’
garnish wages, assert a deficiency, or otherwise try
personal liability for debts owed before the debtors’
to collect from the debtors personally on discharged
bankruptcy case was filed.
debts. Creditors cannot contact the debtors by mail,
Also, if this case began under a different chapter of
phone, or otherwise in any attempt to collect the
the Bankruptcy Code and was later converted to
debt personally. Creditors who violate this order can
chapter 7, debts owed before the conversion are
be required to pay debtors damages and attorney’s
discharged.
fees.
In a case involving community property: Special
However, a creditor with a lien may enforce a claim
rules protect certain community property owned by
against the debtors’ property subject to that lien
the debtor’s spouse, even if that spouse did not file a
unless the lien was avoided or eliminated. For
bankruptcy case.
example, a creditor may have the right to foreclose a
home mortgage or repossess an automobile.
For more information, see page 2
Official Form 318
Order of Discharge
page 1
Information 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
12/15
IT IS ORDERED: A discharge under 11 U.S.C. § 727 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 7 Case
This order does not close or dismiss the case, and it
This order does not prevent debtors from paying any
does not determine how much money, if any, the
debt voluntarily or from paying reaffirmed debts
trustee will pay creditors.
according to the reaffirmation agreement.
11 U.S.C. § 524(c), (f).
Creditors cannot collect discharged debts
Most debts are discharged
This order means that no one may make any
attempt to collect a discharged debt from the debtors
Most debts are covered by the discharge, but not all.
personally. For example, creditors cannot sue,
Generally, a discharge removes the debtors’
garnish wages, assert a deficiency, or otherwise try
personal liability for debts owed before the debtors’
to collect from the debtors personally on discharged
bankruptcy case was filed.
debts. Creditors cannot contact the debtors by mail,
Also, if this case began under a different chapter of
phone, or otherwise in any attempt to collect the
the Bankruptcy Code and was later converted to
debt personally. Creditors who violate this order can
chapter 7, debts owed before the conversion are
be required to pay debtors damages and attorney’s
discharged.
fees.
In a case involving community property: Special
However, a creditor with a lien may enforce a claim
rules protect certain community property owned by
against the debtors’ property subject to that lien
the debtor’s spouse, even if that spouse did not file a
unless the lien was avoided or eliminated. For
bankruptcy case.
example, a creditor may have the right to foreclose a
home mortgage or repossess an automobile.
For more information, see page 2
Official Form 318
Order of Discharge
page 1
Some debts are not discharged
Also, debts covered by a valid reaffirmation
agreement are not discharged.
Examples of debts that are not discharged are:
In addition, this discharge does not stop creditors
n
debts that are domestic support obligations;
from collecting from anyone else who is also liable
on the debt, such as an insurance company or a
n
debts for most student loans;
person who cosigned or guaranteed a loan.
n
debts for most taxes;
n
debts that the bankruptcy court has decided or will
decide are not discharged in this bankruptcy case;
This information is only a general summary of
n
debts for most fines, penalties, forfeitures, or
the bankruptcy discharge; some exceptions
criminal restitution obligations;
exist. Because the law is complicated, you
n
some debts which the debtors did not properly list;
should consult an attorney to determine the
exact effect of the discharge in this case.
n
debts for certain types of loans owed to pension,
profit sharing, stock bonus, or retirement plans; and
n
debts for death or personal injury caused by
operating a vehicle while intoxicated.
Official Form 318
Order of Discharge
page 2

Download Form 318 Order of Discharge

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