Corona, CA asked in Bankruptcy for California

Q: What does it mean when a discharge is vacated as a result of clerical error

Related Topics:
1 Lawyer Answer

A: It actually is pretty self-explanatory. Anyone can make a mistake, and the clerk sometimes processes a discharge when it should not have been done. It does not necessarily mean the Debtor is not entitled to ultimately get his discharge. It may just mean that the Trustee has not completed some of his work, or the required time frames have not passed, or that the Debtor has not filed his post-filing credit management certificate. If you are the Debtor, you may be able to call the clerk and ask why. The fact that the notice says "as a result of clerical error" tells you it was not a situation where the Debtor himself did something wrong.

Justia Ask a Lawyer is a forum for consumers to get answers to basic legal questions. Any information sent through Justia Ask a Lawyer is not secure and is done so on a non-confidential basis only.

The use of this website to ask questions or receive answers does not create an attorney–client relationship between you and Justia, or between you and any attorney who receives your information or responds to your questions, nor is it intended to create such a relationship. Additionally, no responses on this forum constitute legal advice, which must be tailored to the specific circumstances of each case. You should not act upon information provided in Justia Ask a Lawyer without seeking professional counsel from an attorney admitted or authorized to practice in your jurisdiction. Justia assumes no responsibility to any person who relies on information contained on or received through this site and disclaims all liability in respect to such information.

Justia cannot guarantee that the information on this website (including any legal information provided by an attorney through this service) is accurate, complete, or up-to-date. While we intend to make every attempt to keep the information on this site current, the owners of and contributors to this site make no claims, promises or guarantees about the accuracy, completeness or adequacy of the information contained in or linked to from this site.