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Arizona Bankruptcy Law - "How can I get a discharge?"

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.

Arizona 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 Federal process of filing necessarily incorporates state law requirements. These state law requirements are set forth in statutes, rules and case law opinions which frequently alter the operation of law. As a result of these precedents, Arizona bankruptcy cases are unique to the state, as well as unique to each individual who files. All alternatives provided by law may not be available because of differing individual financial histories or prior case filings.

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