New Mexico Discharge of Joint Debtors - Chapter 7 - updated 2005 Act form

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The form is a discharge of joint debtors. The debtors are granted a discharge pursuant to 11 U.S.C. section 727. The signature of the bankruptcy judge is required for this action.

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FAQ

Subsection (b) specifies that the discharge granted under this section discharges the debtor from all debts that arose before the date of the order for relief. It is irrelevant whether or not a proof of claim was filed with respect to the debt, and whether or not the claim based on the debt was allowed.

The court may deny a chapter 7 discharge for any of the reasons described in section 727(a) of the Bankruptcy Code, including failure to provide requested tax documents; failure to complete a course on personal financial management; transfer or concealment of property with intent to hinder, delay, or defraud creditors; ...

What happens when a creditor files an objection? A creditor's objection does not automatically prevent a discharge of debt. The debtor gets a chance to file an answer to the objection, and the court may hold a hearing to decide the issue. This is called an adversary proceeding, and it works much like any other lawsuit.

The Chapter 7 Discharge. A discharge releases individual debtors from personal liability for most debts and prevents the creditors owed those debts from taking any collection actions against the debtor.

How Long Does Chapter 13 Discharge Take? Discharging debt through Chapter 13 may take 6 to 8 weeks after the final payment is made on your 3 to 5-year repayment plan (whichever was approved by the bankruptcy court).

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New Mexico Discharge of Joint Debtors - Chapter 7 - updated 2005 Act form