B18 (rev. 10/02)

UNITED STATES BANKRUPTCY COURT

NORTHERN DISTRICT OF TEXAS

In Re: §

§

§

§

James E. Gresham 

Kimberly A. Gresham 

 Case No.: 4−03−41441−dml

 Chapter No.: 7

Debtor(s)

DISCHARGE OF DEBTOR

It appearing that a petition commencing a case under title 11, United States code, was filed by or against the person

named above on February 6, 2003, and that an order for relief was entered under chapter 7, and that no complaint

objecting to the discharge of the debtor was filed within the time fixed by the court (or that a complaint objecting to

discharge of the debtor was filed and, after due notice and hearing, was not sustained);

IT IS ORDERED THAT:

1. The above−named debtor is released from all dischargeable debts.

Any judgment heretofore or hereafter obtained in any court other than this court is null and void as a

determination of the personal liability of the debtor with respect to any of the following:

(a) debts dischargeable under 11 U.S.C. sec. 523;

(b) unless heretofore or hereafter determined by order of this court to be nondischargeable,

debts alleged to be excepted from discharge under clauses (2), (4) and (6) and (15) of 11

U.S.C. sec. 523(a);

(c) debts determined by this court to be discharged.

2. 

All creditors whose debts are discharged by this order and all creditors whose judgments are declared null

and void by paragraph 2 above are enjoined from instituting or continuing any action or employing any

process or engaging in any act to collect such debts as personal liabilities of the above−named debtor.

3. 

DATED: 7/25/03 FOR THE COURT:

Tawana C. Marshall, Clerk of Court

by: /s/J Hunsuckle, Deputy Clerk

Case 03-41441-dml7 Doc 6 Filed 07/25/03 Entered 07/25/03 08:05:56 Desc b18 

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FORM B18 continued (7/97)

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.

Collection of Discharged Debts Prohibited

 The discharge prohibits any attempt to collect from the debtor a debt that has been discharged. For

example, a creditor is not permitted to contact a discharged debtor by mail, phone, or otherwise, to file or continue a

lawsuit, to 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.

 However, a creditor may have the right to enforce a valid lien, such as a mortgage or security interest,

against the discharged the debtor's property after the bankruptcy, if that lien was not avoided or eliminated in the

bankruptcy 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 begun under a different chapter of the Bankruptcy Code and converted to chapter 7, the discharge applies to

debts 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 that are in the nature of alimony, maintenance, or support;

c. Debts for most student loans;

d. Debts for most fines, penalties, forfeitures, or criminal restitution obligations;

e. Debts for personal injuries or death caused by the debtor's operation of a motor vehicle while intoxicated;

f. Some debts which were not properly listed by the debtor;

g. Debts that the bankruptcy court specifically has decided or will decide in this bankruptcy case are not

discharged;

h. Debts for which the debtor has given up the discharge protections by signing a reaffirmation agreement in

compliance with the Bankruptcy Code requirements for reaffirmation of debts.

 This information is only a general summary of the bankruptcy discharge. There are exceptions

to these general rules. Because the law is complicated, you may want to consult an attorney to determine the

exact effect of the discharge in this case.

Case 03-41441-dml7 Doc 6 Filed 07/25/03 Entered 07/25/03 08:05:56 Desc b18 

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