Ohio Complaint Objecting to Discharge in Bankruptcy Proceedings for Concealment by Debtor and Omitting from Schedules Fraudulently Transferred Property

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US-01087BG
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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.

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  • Preview Complaint Objecting to Discharge in Bankruptcy Proceedings for Concealment by Debtor and Omitting from Schedules Fraudulently Transferred Property
  • Preview Complaint Objecting to Discharge in Bankruptcy Proceedings for Concealment by Debtor and Omitting from Schedules Fraudulently Transferred Property
  • Preview Complaint Objecting to Discharge in Bankruptcy Proceedings for Concealment by Debtor and Omitting from Schedules Fraudulently Transferred Property
  • Preview Complaint Objecting to Discharge in Bankruptcy Proceedings for Concealment by Debtor and Omitting from Schedules Fraudulently Transferred Property

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Key Takeaways. Types of debt that cannot be discharged in bankruptcy include alimony, child support, and certain unpaid taxes. Other types of debt that cannot be alleviated in bankruptcy include debts for willful and malicious injury to another person or property.

In fact, the federal courts (which handle bankruptcy cases) list 19 different types of debt that are not eligible for discharge. 2 The most common ones are child support, alimony payments, and debts for willful and malicious injuries to a person or 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; ...

Bankruptcy fraud is charged under the closely related 18 USC § 157 that makes it a crime to make false statements in a bankruptcy filing and to knowingly conceal assets or file a misleading financial statement in a bankruptcy petition.

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; ...

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.

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Ohio Complaint Objecting to Discharge in Bankruptcy Proceedings for Concealment by Debtor and Omitting from Schedules Fraudulently Transferred Property