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A federal presumption favors debtors and discharge. In uncontested cases, the
discharge is automatic. In contested cases in which objections or adversary
proceedings are filed, the debtor retains the favorable presumption. Discharge is
withheld only upon a court finding, supported by credible evidence, that the
debtor is not entitled to receive relief. The Federal Rules
of Bankruptcy Procedure require that bankruptcy clerks mail a copy of discharge orders to creditors, trustees,
and trustee's attorneys. The debtor and their attorney, if any, also receive
copies.
Ohio Bankruptcy Law
Notice of discharge is rather generic. The order mailed to interested parties
does not identify the specific debts that are eliminated or debts found to be nondischargeable. To prove
a specific debt was discharged, a debtor must have both the discharge order and
associated schedules, bearing a court file stamp, to identify the debt. If, for any reason, a debtor fails to receive a copy of
the order granting relief, the discharge nevertheless remains effective.
The operation of law pertaining to federal debt relief is complex. State law statutes, federal rules, and
decisions rendered by courts combine to establish a local standard for Ohio Bankruptcy Courts. Anyone who
considers filing should, at a minimum, balance short term requirements to long term benefits. Each debtor is
different. The most valuable benefits are a personal choice, with availability dependent upon the application of
law to unique circumstances.
Back to Ohio Bankruptcy Lawyer FAQ contents.
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