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Superior Court of California F
GURSTEL LAW FIRM, P.C. County of Butte
Gloria Zarco (CASB#199702) 12/19/2019
Kimberlee Tsai (CASB#227426)
Rachel Haney (CASB#308259)
9320 East Raintree Drive
Scottsdale, AZ 85260
Telephone: 1-866-607-2350
By ehoomet
Electronically FILED
put
Account No. COM27127
Attorneys for Plaintiff
TRI COUNTIES BANK, A CALIFORNIA BANKING CORPORATION , a Judgment Creditor
SUPERIOR COURT OF THE STATE OF CALIFORNIA
IN AND FOR THE COUNTY OF BUTTE
10
TRI COUNTIES BANK, A Case No. 143745
11 CALIFORNIA BANKING
CORPORATION , DECLARATION REGARDING
12 DEBTOR STEVE KRAUT
Plaintiff, BANKRUPTCY DISCHARGE AND
13 EXCLUSION FROM RENEWAL
vs. APPLICATION
14
15
STEVE KRAUT; MILAN M.
PETROVICH, ET AL.,
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Defendant.
17
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19 Plaintiff TRI COUNTIES BANK, A CALIFORNIA BANKING CORPORATION,
20 (“Plaintiff”), hereby submits Declaration to this Court in support of their Application for and
21 Renewal of Judgment containing only one debtor, Milan M. Petrovich.
22
I, Rachel Haney, hereby declare:
23
24 1 I am an attorney at law duly licensed to practice before all state courts in California
25 and an associate employed at the Gurstel Law Firm, P.C., attorneys for Plaintiff TRI COUNTIES
26 BANK, A CALIFORNIA BANKING CORPORATION (“Plaintiff”). If called to testify, I would
27 competently attest to the content set forth herein.
28
2. On December 22, 2009, Plaintiff was awarded a Judgment against Defendants
STEVE KRAUT and MILAN M. PETROVICH
3 Thereafter, on May 1, 2012, Debtor, Steve Kraut filed for Bankruptcy. A copy of
the docket report is attached hereto as Exhibit 1
4 Debtor Steve Kraut was thereafter discharged of this debt in Bankruptcy on July 24.
2012. A copy of the Discharge of Debtor and Final Decree is attached hereto as Exhibit
2.
Due to the Discharge, Debtor Steve Kraut cannot be included on the renewal and was
left off.
10
Based upon the foregoing, I respectfully request that the Court issue the Application for
11
and Renewal of Judgment against the remaining Debtor Milan M. Petrovich.
12
I declare under penalty of perjury under the laws of the State of California that the
13
foregoing is true and correct and that I executed this declaration on WZHAl Q in
1
Sacramento, County of Sacramento, State of California.
15
16
ROMNLL NOUN
17 RACHEL HANEY
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20
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22
23
24
25
26
27
28
EXHIBIT 1
MEANSNO, CLOSED
U.S. Bankruptcy Court
Northern District of California (Oakland)
Bankruptcy Petition #: 12-43854
Date filed: 05/01/2012
Assigned to: Judge William J. Lafferty Date terminated: 07/25/2012
Chapter 7 Debtor discharged: 07/24/2012
Voluntary Joint debtor discharged: 07/24/2012
No asset 341 meeting. 05/22/2012
Deadline for objecting to discharge. 07/23/2012
Deadline for financial mgmt. course. 06/15/2012
Debtor disposition: Standard Discharge
Joint debtor disposition: Standard Discharge
Debtor represented by David A. Arietta
Stephen Michael Kraut Law Offices of David A. Arietta
1820 Howard Street 700 Ygnacio Valley Rd. #150
Butte, MT 59701 Walnut Creek, CA 94596
CONTRA COSTA-CA (925)472-8000
SSN / ITIN: xxx-xx-6538 Email: david@ariettalaw.com
Joint Debtor represented by David A. Arietta
Kathryn Marie Kraut (See above for address)
1820 Howard Street
Butte, MT 59701
CONTRA COSTA-CA
SSN /ITIN: xxx-xx-9394
Trustee
Lois I. Brady
P.O, Box 12425
Oakland, CA 94604
(510) 452-4200
U.S. Trustee
Office of the U.S. Trustee/Oak
Office of the U.S. Trustee
1301 Clay St. #690N
Oakland, CA 94612
(510) 637-3200
Filing Date Docket Text
1 Chapter 7 Voluntary Petition. Fee Amount $306. Financial
(59 pes) Management Certificate Due Prior to Discharge. Filed by
Stephen Michael Kraut, Kathryn Marie Kraut. Order Meeting of
Creditors due by 05/15/2012. (Arietta, David) (Entered:
05/01/2012 05/01/2012)
05/01/2012 Disclosure of Compensation of Attorney for Debtor in the
(pg) Amount of $ 3500 Filed by Joint Debtor Kathryn Marie Kraut,
Debtor Stephen Michael Kraut (Arietta, David) (Entered:
05/01/2012)
Statement of Social Security Number. Filed by Joint Debtor
Kathryn Marie Kraut, Debtor Stephen Michael Kraut (Arietta,
05/01/2012 David) (Entered: 05/01/2012)
Chapter 7 Statement of Current Monthly Income and Means
(8 pes) Test Calculation - Form 22A . Filed by Joint Debtor Kathryn
Marie Kraut, Debtor Stephen Michael Kraut (Arietta, David)
05/01/2012 (Entered: 05/01/2012)
Certificate of Credit Counseling Filed by Joint Debtor Kathryn
(2 pgs) Marie Kraut, Debtor Stephen Michael Kraut (Arietta, David)
05/01/2012 (Entered: 05/01/2012)
First Meeting of Creditors with 341(a) meeting to be held on
05/22/2012 at 03:30 PM at Oakland U.S. Trustee Office.
Objections for Discharge due by 07/23/2012. (Arietta, David)
05/01/2012 (Entered: 05/01/2012)
Receipt of filing fee for Voluntary Petition (Chapter 7)(12-
43854) [misc,volp7] ( 306.00). Receipt number 16443528,
05/01/2012 amount $ 306.00 (U.S. Treasury) (Entered: 05/01/2012)
6 Notice of Chapter 7 Bankruptcy Case, Meeting of Creditors, and
05/02/2012 (4 pgs; 2 docs) Deadlines (Generated) (jmb) (Entered: 05/02/2012)
7 BNC Certificate of Mailing - Meeting of Creditors. (RE: related
( pgs) document(s) 6 Generate 341 Notices). Notice Date 05/04/2012.
05/04/2012 (Admin.) (Entered: 05/04/2012)
Notice of Appearance and Request for Notice by Terrance L.
(2 pgs) Stinnett. Filed by Creditor Fremont Bank (Stinnett, Terrance)
05/10/2012 (Entered: 05/10/2012)
Request for Notice Filed by Creditor GE Capital Retail Bank.
05/15/2012 (1 pg) (Singh, Ramesh) (Entered: 05/15/2012)
10 Notice of Change of Address Filed by Creditor David Bartel (rs)
05/16/2012 (1 pg) (Entered: 05/17/2012)
05/23/2012 Chapter 7 Trustee's Report of No Distribution: I, Lois I. Brady,
having been appointed trustee of the estate of the above-named
debtor(s), report that I have neither received any property nor
paid any money on account of this estate; that I have made a
diligent inquiry into the financial affairs of the debtor(s) and the
location of the property belonging to the estate; and that there is
no property available for distribution from the estate over and
above that exempted by law. Pursuant to Fed R Bank P 5009, I
hereby certify that the estate of the above-named debtor(s) has
been fully administered. I request that I be discharged from any
further duties as trustee. Key information about this case as
reported in schedules filed by the debtor(s) or otherwise found _
in the case record: This case was pending for 1 months. Assets
Abandoned (without deducting any secured claims): $ 34100.00,
Assets Exempt: $ 0.00, Claims Scheduled: $ 12257891.00,
Claims Asserted: Not Applicable, Claims scheduled to be
discharged without payment (without deducting the value of
collateral or debts excepted from discharge): $ 12257891.00.
Meeting of Creditors Held. Debtor appeared. Joint debtor
appeared. (Brady, Lois) (Entered: 05/23/2012)
i Financial Management Course Certificate. (RE: related
(4 pgs; 2 docs) document(s) Voluntary Petition (Chapter 7)). Filed by Joint
Debtor Kathryn Marie Kraut, Debtor Stephen Michael Kraut
(Attachments: # 1 Declaration) (Arietta, David) (Entered:
05/24/2012 05/24/2012)
12 Stipulation, Non-Dischargeability of Debt Owed to Creditor
(S pgs) David Bartel Filed by Creditor David Bartel. (Pfirrman,
06/12/2012 Christina) (Entered: 06/12/2012)
13 Order Denying Discharge of Debt Owed to Creditor David
(4 pgs; 2 docs) Bartel (RE: related document(s)12 Stipulation for Miscellaneous
Relief filed by Creditor David Bartel). (sb) (Entered:
07/12/2012 07/12/2012)
14 BNC Certificate of Mailing (RE: related document(s) 13 Order).
07/14/2012 (5 pgs) Notice Date 07/14/2012. (Admin.) (Entered: 07/14/2012)
1s Order Discharging Debtor and Final Decree (Admin.) (Entered:
07/24/2012 (4 pgs; 2 docs) 07/24/2012)
07/25/2012 Bankruptcy Case Closed. (rs) (Entered: 07/25/2012)
16 BNC Certificate of Mailing - Order of Discharge and Final
G pgs) Decree (RE: related document(s) 15 Order Discharging Debtor
and Final Decree). Notice Date 07/27/2012. (Admin.) (Entered:
07/27/2012 07/27/2012)
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EXHIBIT 2
Form ODSC7fl
UNITED STATES BANKRUPTCY COURT
Northern District of California (Oakland)
In re: Case Number: 12-43854 WJL 7
Stephen Michael Kraut Chapter: 7
1820 Howard Street
Butte, MT 59701
Kathryn Marie Kraut
1820 Howard Street
Butte, MT 59701
Debtor(s)
Debtor/Joint Debtor Social Security Number(s):
XXX-XX-653!
XXXTXX-9394
DISCHARGE OF DEBTOR AND FINAL DECREE
It appearing that the debtor ( ) is/are entitled to a discharge, IT IS ORDERED:
The debtor(s) is/are granted a dist charge under section 727 of title 11, United States Code, (the Bankruptcy
ode).
It further appears that the truste e, Lois |. Brady in the above-entitled case has filed a report of no
distribution and said Trustee has perfo rmed all other and further duties required in the administration of
said estate; accordingly, it is hereby
ORDERED that the chapter 7 case of the above-named debtor is closed; that the Trustee is
discharged and relieved of said trust.
Dated: 7/24/12 By the Court:
William J. Lafferty
United States Bankruptcy Judge
SEE THE BACK OF THIS ORDER FOR IMPORTANT INFORMATION.
Doc #15
Case: 12-43854 Doc#15 Filed: 07/24/12 Entered: 07/24/12 22:01:38 Page 1 of 2
ODSC74i continued
EXPLANATION OF BANKRUPTCY DISCHARGE
IN A CHAPTER 7 CASE
This court order grants a discharge to the person named as the debtor. It is not a dismissal of the case and it
does not determine how much money, if any, the trustee will pay to creditors.
ollle ion of Di harged D. its Prohibited
The discharge prohibits any attempt to collect from the debtor a debt that has been discharged. For example,
to
creditor is not permitted to contact a discharged debtor by mail, phone, or otherwise, to file or continue a lawsuit,
attach wages or other property, or to take any other action to collect a discharged debt from the debtor. /In a case
involving community property:] ‘A creditor who violates this order can be required to pay damages and attorney's fees
to the debtor. [There are also special rules that protect c ertain community property owned by the debtor's spouse,
even if that spouse did not file a bankruptcy case.] A creditor who violates this ord ler can be required to pay damages
and attorney's fees to the debtor.
However, a creditor may have the right to enforce a valid lien, such as a mortgage or
security interest, against
the bankruptcy
the discharged the debtor's property after the bankruptcy, if that lien was not avoided or eliminated in
case. Also, a debtor may voluntarily pay any debt that has been discharged.
Debts That are Discharged
The chapter 7 discharge order eliminates a debtor's legal obligation to pay a debt that is discharged. Most, but
not all, types of debts are discharged if the debt existed on the date the bankruptcy case was filed. (If this case was
to debts
begun under a different chapter of the Bankruptcy Code and converted to chapter 7, the discharge applies
owed when the bankruptcy case was converted.)
Debts that are Not Discharged.
Some of the common types of debts which are not discharged in a chapter 7 bankruptcy case are:
a. Debts for most taxes;
b. Debts incurred to pay nondischargeable taxes (applies to cases filed on or after 10/17/2005);
c. Debts that are domestic support obligations;
d. Debts for most student loans;
e. Debts for most fines, penalties, forfeitures, or criminal restitution obligations;
aircraft
f. Debts for personal injuries or death caused by the debtor's operation of a motor vehicle, vessel, or
while intoxicated;
g. Some debts which were not properly listed by the debtor;
h. Debts that the bankruptcy court specifically has decided or will decide in this bankruptcy case are not
discharged;
in
i. Debts for which the debtor has given up the discharge protections by signing a reaffirmation agreement
compliance with the Bankruptcy Code requirements for reaffirmation of debts.
Savings
j. Debts owed to certain pension, profit sharing, stock bonus, other retirement plans, or to the Thrift
Plan for federal employees for certain types of loans from these plans (applies to cases filed on or after
10/17/2005).
This information is only a g eneral summary of the bankruptcy discharge. There are exceptions to these
general rules. Because the law is complicated, you maj y want to consult an attorney to determine the exact
effect of the discharge in this case.
Case: 12-43854 Doc#15 Filed: 07/24/12 Entered: 07/24/12 22:01:38 Page 2 of 2
Preview
Superior Court of California F GURSTEL LAW FIRM, P.C. County of Butte Gloria Zarco (CASB#199702) 12/19/2019 Kimberlee Tsai (CASB#227426) Rachel Haney (CASB#308259) 9320 East Raintree Drive Scottsdale, AZ 85260 Telephone: 1-866-607-2350 By ehoomet Electronically FILED put Account No. COM27127 Attorneys for Plaintiff TRI COUNTIES BANK, A CALIFORNIA BANKING CORPORATION , a Judgment Creditor SUPERIOR COURT OF THE STATE OF CALIFORNIA IN AND FOR THE COUNTY OF BUTTE 10 TRI COUNTIES BANK, A Case No. 143745 11 CALIFORNIA BANKING CORPORATION , DECLARATION REGARDING 12 DEBTOR STEVE KRAUT Plaintiff, BANKRUPTCY DISCHARGE AND 13 EXCLUSION FROM RENEWAL vs. APPLICATION 14 15 STEVE KRAUT; MILAN M. PETROVICH, ET AL., 16 Defendant. 17 18 19 Plaintiff TRI COUNTIES BANK, A CALIFORNIA BANKING CORPORATION, 20 (“Plaintiff”), hereby submits Declaration to this Court in support of their Application for and 21 Renewal of Judgment containing only one debtor, Milan M. Petrovich. 22 I, Rachel Haney, hereby declare: 23 24 1 I am an attorney at law duly licensed to practice before all state courts in California 25 and an associate employed at the Gurstel Law Firm, P.C., attorneys for Plaintiff TRI COUNTIES 26 BANK, A CALIFORNIA BANKING CORPORATION (“Plaintiff”). If called to testify, I would 27 competently attest to the content set forth herein. 28 2. On December 22, 2009, Plaintiff was awarded a Judgment against Defendants STEVE KRAUT and MILAN M. PETROVICH 3 Thereafter, on May 1, 2012, Debtor, Steve Kraut filed for Bankruptcy. A copy of the docket report is attached hereto as Exhibit 1 4 Debtor Steve Kraut was thereafter discharged of this debt in Bankruptcy on July 24. 2012. A copy of the Discharge of Debtor and Final Decree is attached hereto as Exhibit 2. Due to the Discharge, Debtor Steve Kraut cannot be included on the renewal and was left off. 10 Based upon the foregoing, I respectfully request that the Court issue the Application for 11 and Renewal of Judgment against the remaining Debtor Milan M. Petrovich. 12 I declare under penalty of perjury under the laws of the State of California that the 13 foregoing is true and correct and that I executed this declaration on WZHAl Q in 1 Sacramento, County of Sacramento, State of California. 15 16 ROMNLL NOUN 17 RACHEL HANEY 18 19 20 21 22 23 24 25 26 27 28 EXHIBIT 1 MEANSNO, CLOSED U.S. Bankruptcy Court Northern District of California (Oakland) Bankruptcy Petition #: 12-43854 Date filed: 05/01/2012 Assigned to: Judge William J. Lafferty Date terminated: 07/25/2012 Chapter 7 Debtor discharged: 07/24/2012 Voluntary Joint debtor discharged: 07/24/2012 No asset 341 meeting. 05/22/2012 Deadline for objecting to discharge. 07/23/2012 Deadline for financial mgmt. course. 06/15/2012 Debtor disposition: Standard Discharge Joint debtor disposition: Standard Discharge Debtor represented by David A. Arietta Stephen Michael Kraut Law Offices of David A. Arietta 1820 Howard Street 700 Ygnacio Valley Rd. #150 Butte, MT 59701 Walnut Creek, CA 94596 CONTRA COSTA-CA (925)472-8000 SSN / ITIN: xxx-xx-6538 Email: david@ariettalaw.com Joint Debtor represented by David A. Arietta Kathryn Marie Kraut (See above for address) 1820 Howard Street Butte, MT 59701 CONTRA COSTA-CA SSN /ITIN: xxx-xx-9394 Trustee Lois I. Brady P.O, Box 12425 Oakland, CA 94604 (510) 452-4200 U.S. Trustee Office of the U.S. Trustee/Oak Office of the U.S. Trustee 1301 Clay St. #690N Oakland, CA 94612 (510) 637-3200 Filing Date Docket Text 1 Chapter 7 Voluntary Petition. Fee Amount $306. Financial (59 pes) Management Certificate Due Prior to Discharge. Filed by Stephen Michael Kraut, Kathryn Marie Kraut. Order Meeting of Creditors due by 05/15/2012. (Arietta, David) (Entered: 05/01/2012 05/01/2012) 05/01/2012 Disclosure of Compensation of Attorney for Debtor in the (pg) Amount of $ 3500 Filed by Joint Debtor Kathryn Marie Kraut, Debtor Stephen Michael Kraut (Arietta, David) (Entered: 05/01/2012) Statement of Social Security Number. Filed by Joint Debtor Kathryn Marie Kraut, Debtor Stephen Michael Kraut (Arietta, 05/01/2012 David) (Entered: 05/01/2012) Chapter 7 Statement of Current Monthly Income and Means (8 pes) Test Calculation - Form 22A . Filed by Joint Debtor Kathryn Marie Kraut, Debtor Stephen Michael Kraut (Arietta, David) 05/01/2012 (Entered: 05/01/2012) Certificate of Credit Counseling Filed by Joint Debtor Kathryn (2 pgs) Marie Kraut, Debtor Stephen Michael Kraut (Arietta, David) 05/01/2012 (Entered: 05/01/2012) First Meeting of Creditors with 341(a) meeting to be held on 05/22/2012 at 03:30 PM at Oakland U.S. Trustee Office. Objections for Discharge due by 07/23/2012. (Arietta, David) 05/01/2012 (Entered: 05/01/2012) Receipt of filing fee for Voluntary Petition (Chapter 7)(12- 43854) [misc,volp7] ( 306.00). Receipt number 16443528, 05/01/2012 amount $ 306.00 (U.S. Treasury) (Entered: 05/01/2012) 6 Notice of Chapter 7 Bankruptcy Case, Meeting of Creditors, and 05/02/2012 (4 pgs; 2 docs) Deadlines (Generated) (jmb) (Entered: 05/02/2012) 7 BNC Certificate of Mailing - Meeting of Creditors. (RE: related ( pgs) document(s) 6 Generate 341 Notices). Notice Date 05/04/2012. 05/04/2012 (Admin.) (Entered: 05/04/2012) Notice of Appearance and Request for Notice by Terrance L. (2 pgs) Stinnett. Filed by Creditor Fremont Bank (Stinnett, Terrance) 05/10/2012 (Entered: 05/10/2012) Request for Notice Filed by Creditor GE Capital Retail Bank. 05/15/2012 (1 pg) (Singh, Ramesh) (Entered: 05/15/2012) 10 Notice of Change of Address Filed by Creditor David Bartel (rs) 05/16/2012 (1 pg) (Entered: 05/17/2012) 05/23/2012 Chapter 7 Trustee's Report of No Distribution: I, Lois I. Brady, having been appointed trustee of the estate of the above-named debtor(s), report that I have neither received any property nor paid any money on account of this estate; that I have made a diligent inquiry into the financial affairs of the debtor(s) and the location of the property belonging to the estate; and that there is no property available for distribution from the estate over and above that exempted by law. Pursuant to Fed R Bank P 5009, I hereby certify that the estate of the above-named debtor(s) has been fully administered. I request that I be discharged from any further duties as trustee. Key information about this case as reported in schedules filed by the debtor(s) or otherwise found _ in the case record: This case was pending for 1 months. Assets Abandoned (without deducting any secured claims): $ 34100.00, Assets Exempt: $ 0.00, Claims Scheduled: $ 12257891.00, Claims Asserted: Not Applicable, Claims scheduled to be discharged without payment (without deducting the value of collateral or debts excepted from discharge): $ 12257891.00. Meeting of Creditors Held. Debtor appeared. Joint debtor appeared. (Brady, Lois) (Entered: 05/23/2012) i Financial Management Course Certificate. (RE: related (4 pgs; 2 docs) document(s) Voluntary Petition (Chapter 7)). Filed by Joint Debtor Kathryn Marie Kraut, Debtor Stephen Michael Kraut (Attachments: # 1 Declaration) (Arietta, David) (Entered: 05/24/2012 05/24/2012) 12 Stipulation, Non-Dischargeability of Debt Owed to Creditor (S pgs) David Bartel Filed by Creditor David Bartel. (Pfirrman, 06/12/2012 Christina) (Entered: 06/12/2012) 13 Order Denying Discharge of Debt Owed to Creditor David (4 pgs; 2 docs) Bartel (RE: related document(s)12 Stipulation for Miscellaneous Relief filed by Creditor David Bartel). (sb) (Entered: 07/12/2012 07/12/2012) 14 BNC Certificate of Mailing (RE: related document(s) 13 Order). 07/14/2012 (5 pgs) Notice Date 07/14/2012. (Admin.) (Entered: 07/14/2012) 1s Order Discharging Debtor and Final Decree (Admin.) (Entered: 07/24/2012 (4 pgs; 2 docs) 07/24/2012) 07/25/2012 Bankruptcy Case Closed. (rs) (Entered: 07/25/2012) 16 BNC Certificate of Mailing - Order of Discharge and Final G pgs) Decree (RE: related document(s) 15 Order Discharging Debtor and Final Decree). Notice Date 07/27/2012. (Admin.) (Entered: 07/27/2012 07/27/2012) = PACER Service Center Transaction Receipt 07/12/2018 12:32:46 — PACER Login: esis caseszzr6c] et | = T I I if Description: ||Docket Report ‘Search 12-43854 Fil or Ent: (Criteria: filed From: 1/1/2012 To: 7/12/2018 Doc |From: 0 Doc To: 199999999 Term: included Headers: included Format: html Page counts for \documents: included Billable Cost: 0.20 Pages: EXHIBIT 2 Form ODSC7fl UNITED STATES BANKRUPTCY COURT Northern District of California (Oakland) In re: Case Number: 12-43854 WJL 7 Stephen Michael Kraut Chapter: 7 1820 Howard Street Butte, MT 59701 Kathryn Marie Kraut 1820 Howard Street Butte, MT 59701 Debtor(s) Debtor/Joint Debtor Social Security Number(s): XXX-XX-653! XXXTXX-9394 DISCHARGE OF DEBTOR AND FINAL DECREE It appearing that the debtor ( ) is/are entitled to a discharge, IT IS ORDERED: The debtor(s) is/are granted a dist charge under section 727 of title 11, United States Code, (the Bankruptcy ode). It further appears that the truste e, Lois |. Brady in the above-entitled case has filed a report of no distribution and said Trustee has perfo rmed all other and further duties required in the administration of said estate; accordingly, it is hereby ORDERED that the chapter 7 case of the above-named debtor is closed; that the Trustee is discharged and relieved of said trust. Dated: 7/24/12 By the Court: William J. Lafferty United States Bankruptcy Judge SEE THE BACK OF THIS ORDER FOR IMPORTANT INFORMATION. Doc #15 Case: 12-43854 Doc#15 Filed: 07/24/12 Entered: 07/24/12 22:01:38 Page 1 of 2 ODSC74i continued EXPLANATION OF BANKRUPTCY DISCHARGE IN A CHAPTER 7 CASE This court order grants a discharge to the person named as the debtor. It is not a dismissal of the case and it does not determine how much money, if any, the trustee will pay to creditors. ollle ion of Di harged D. its Prohibited The discharge prohibits any attempt to collect from the debtor a debt that has been discharged. For example, to creditor is not permitted to contact a discharged debtor by mail, phone, or otherwise, to file or continue a lawsuit, attach wages or other property, or to take any other action to collect a discharged debt from the debtor. /In a case involving community property:] ‘A creditor who violates this order can be required to pay damages and attorney's fees to the debtor. [There are also special rules that protect c ertain community property owned by the debtor's spouse, even if that spouse did not file a bankruptcy case.] A creditor who violates this ord ler can be required to pay damages and attorney's fees to the debtor. However, a creditor may have the right to enforce a valid lien, such as a mortgage or security interest, against the bankruptcy the discharged the debtor's property after the bankruptcy, if that lien was not avoided or eliminated in case. Also, a debtor may voluntarily pay any debt that has been discharged. Debts That are Discharged The chapter 7 discharge order eliminates a debtor's legal obligation to pay a debt that is discharged. Most, but not all, types of debts are discharged if the debt existed on the date the bankruptcy case was filed. (If this case was to debts begun under a different chapter of the Bankruptcy Code and converted to chapter 7, the discharge applies owed when the bankruptcy case was converted.) Debts that are Not Discharged. Some of the common types of debts which are not discharged in a chapter 7 bankruptcy case are: a. Debts for most taxes; b. Debts incurred to pay nondischargeable taxes (applies to cases filed on or after 10/17/2005); c. Debts that are domestic support obligations; d. Debts for most student loans; e. Debts for most fines, penalties, forfeitures, or criminal restitution obligations; aircraft f. Debts for personal injuries or death caused by the debtor's operation of a motor vehicle, vessel, or while intoxicated; g. Some debts which were not properly listed by the debtor; h. Debts that the bankruptcy court specifically has decided or will decide in this bankruptcy case are not discharged; in i. Debts for which the debtor has given up the discharge protections by signing a reaffirmation agreement compliance with the Bankruptcy Code requirements for reaffirmation of debts. Savings j. Debts owed to certain pension, profit sharing, stock bonus, other retirement plans, or to the Thrift Plan for federal employees for certain types of loans from these plans (applies to cases filed on or after 10/17/2005). This information is only a g eneral summary of the bankruptcy discharge. There are exceptions to these general rules. Because the law is complicated, you maj y want to consult an attorney to determine the exact effect of the discharge in this case. Case: 12-43854 Doc#15 Filed: 07/24/12 Entered: 07/24/12 22:01:38 Page 2 of 2