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.
Kentucky Complaint Objecting to Discharge of Debtor in Bankruptcy Proceedings for Refusal By Debtor to Obey a Lawful Order of the Court
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US-01091BG
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FAQ
Your bankruptcy discharge wipes out your liability for most types of debt. But if you're not completely honest in your bankruptcy papers or fail to follow all the rules, the court can revoke your discharge even after closing your case.
If a debt arose from the debtor's intentional wrongdoing, the creditor can object to discharging it. This might involve damages related to a drunk driving accident, for example, or costs caused by intentional damage to an apartment or other property.
No one can prevent a person from filing bankruptcy but a bankrupt's discharge can be opposed by the Office of the Superintendent of bankruptcy, a creditor or the trustee.
An Objection to Discharge is a motion by a creditor to a bankruptcy court asking the court not to discharge a person's specific debt owed to that creditor. If the court grants the motion, the debt is not discharged in bankruptcy and remains due.
A debtor may apply to the Court to challenge (oppose) a bankruptcy notice before the time for compliance with the notice has finished. The debtor can apply to challenge a bankruptcy notice if: there is a defect in the bankruptcy notice. the debt on which the bankruptcy notice is based does not exist.
An objection to discharge is a notice lodged with the Official Receiver by a trustee to induce a bankrupt to comply with their obligations. An objection will extend the period of bankruptcy so automatic discharge will not occur three years and one day after the bankrupt filed a statement of affairs.
Under the provisions of section 279(3) of the Insolvency Act 1986 the court may suspend the running of the period during which a person remains bankrupt on the application of the OR, if the court is satisfied that the bankrupt is failing to comply with his obligations under part IX of the Act.