Is a trustee required to send the second DSO notice after the discharge even when a non-dischargeability action is pending against the debtor?
11 U.S.C. §§ 704(c)(1)(C) and 1302(d)(1)(C) provide that a DSO notice is to be sent “at such time as the debtor is granted a discharge.” Accordingly, the discharge notice must be given by the trustee after the discharge is granted. The trustee can determine from the docket the names of creditors asserting § 523(a)(2), (4), or (14A) claims or whose debt was reaffirmed under § 524(c). To the extent an applicable § 523 discharge action has not been resolved, the trustee should proceed to send the discharge notice and include the name of the creditor, with a notation that an action to determine the dischargeability of the creditor’s claim is pending.
Related Questions
- Is a trustee required to send the second DSO notice after the discharge even when a non-dischargeability action is pending against the debtor?
- How does a trustee carry out his/her DSO notice duties if the DSO claimholder does not want the debtor to know where he/she lives?
- Does a trustee need to file a DSO notice or a certification of notice with the court?
