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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