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.
Michigan 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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How to fill out 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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FAQ
When the bankruptcy court denies your discharge in a Chapter 7 case, you remain responsible for paying back all your debts. Denial of your Chapter 7 discharge doesn't end the case, though. The Chapter 7 trustee will still gather and liquidate any non-exempt assets; all you lose is your fresh start free of those debts.
The court may deny a chapter 7 discharge for any of the reasons described in section 727(a) of the Bankruptcy Code, including failure to provide requested tax documents; failure to complete a course on personal financial management; transfer or concealment of property with intent to hinder, delay, or defraud creditors; ...
Another exception to Discharge is for fraud while acting in a fiduciary capacity, embezzlement, or larceny. Domestic obligations are not dischargeable in Bankruptcy. Damages resulting from the willful and malicious injury by the debtor of another person or his property, are also not dischargeable in Bankruptcy.
Section 523 complaints focus on specific debts to a single creditor. A Section 727 complaint may be filed if the creditor or bankruptcy trustee believes that the debtor has not met the requirements for a discharge under Section 727. Section 727 complaints address the discharge of a debtor's entire debt obligations.
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.
The court may deny a chapter 7 discharge for any of the reasons described in section 727(a) of the Bankruptcy Code, including failure to provide requested tax documents; failure to complete a course on personal financial management; transfer or concealment of property with intent to hinder, delay, or defraud creditors; ...
The debtor knowingly made a false oath or account, presented a false claim, etc. Failure to comply with a bankruptcy court order.
If you had a Chapter 7 that resulted in discharge of your debts, you must wait at least eight years from the date you filed it before filing Chapter 7 bankruptcy again. While Chapter 7 is typically the quickest form of debt relief, the eight-year period to refile is the longest waiting time between cases.