The decree of the bankruptcy court which terminates the bankruptcy proceedings is generally a discharge that releases the debtor from most debts. A bankruptcy court may refuse to grant a discharge under certain conditions.
Iowa Complaint Objecting to Discharge of Debtor in Bankruptcy Due to False Oath or Account of Debtor
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US-01090BG
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How to fill out Complaint Objecting To Discharge Of Debtor In Bankruptcy Due To False Oath Or Account Of Debtor?
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FAQ
Immediately notify your attorney of any violations of the bankruptcy automatic stay. Your bankruptcy attorney can act on your behalf to notify the bankruptcy court which will then take action to stop violators.
A willful violation exists when a party knew of the automatic stay and the actions taken in violation of the stay were intentional.[3] The presence of intention is irrelevant, however, as only the actions taken must be intentional.[4]
Article I, Section 8, of the United States Constitution authorizes Congress to enact "uniform Laws on the subject of Bankruptcies." Under this grant of authority, Congress enacted the "Bankruptcy Code" in 1978.
If a creditor intentionally violates the Automatic Stay, then they subject themselves to punishment by the Court, which could include not only undoing what they did, but they also are likely to be sanctioned with a fine and/or some other more severe penalty decided by the Court.
The automatic stay has a broad scope, applying to all creditors, whether secured or unsecured, and to all of the debtor's property, wherever located. It forbids creditors from pursuing both formal and informal actions and remedies against the debtor and its property.
Once an automatic stay is in place, no one creditor can attempt to collect on a debt to the detriment of other creditors. Be sure to list all creditors in your bankruptcy filing so they are informed that the process (and automatic stay) is in effect.
A response to an objection is sufficient if it states that written documentation in support of the proof of claim has already been provided to the objecting party and that the documentation will be provided at any evidentiary hearing or trial on the matter.
Section 362(k)(1) provides that an individual injured by any willful violation of the automatic stay ?shall recover actual damages, including costs and attorneys' fees, and in appropriate circumstances, may recover punitive damages.?