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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 determined 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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