Hawaii Extend Time to File Complaint Objecting to Discharge or to Determine Dischargeability, or Motion to Dismiss (Stipulation)
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FAQ
The bankruptcy court has exclusive jurisdiction to determine dischargeability of these debts.
A discharge releases a debtor from personal liability of certain debts known as dischargeable debts, and prevents the creditors owed those debts from taking any action against the debtor or the debtor's property to collect the debts.
Under Federal Rules of Bankruptcy Procedure Rule 4004, a trustee or creditors have sixty (60) days after the first date set for the 341(a) Meeting of Creditors to file a complaint objecting to discharge.
A complaint to determine the dischargeability of a debt under §523(c) shall be filed no later than 60 days after the first date set for the meeting of creditors under §341(a). The court shall give all creditors no less than 30 days' notice of the time so fixed in the manner provided in Rule 2002.
The debt was incurred through fraud, false pretenses, or misrepresentation, such as a person taking on debt with no intent of paying it back. The debt is a credit card debt that was used to pay a nondischargeable debt. The bankruptcy petition was fraudulent or filed to abuse creditors.
Determination of Dischargeability of a Debt. (a) Persons Entitled To File Complaint. A debtor or any creditor may file a complaint to obtain a determination of the dischargeability of any debt.