Corona, CA asked in Bankruptcy for California

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

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1 Lawyer Answer
Mr. Dheeraj K. Singhal
Mr. Dheeraj K. Singhal
Answered
  • Bankruptcy Lawyer
  • Pasadena, CA

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.

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