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.
Puerto Rico Complaint Objecting to Discharge of Debtor in Bankruptcy Due to False Oath or Account of Debtor
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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
What happens when a creditor files an objection? A creditor's objection does not automatically prevent a discharge of debt. The debtor gets a chance to file an answer to the objection, and the court may hold a hearing to decide the issue. This is called an adversary proceeding, and it works much like any other lawsuit.
A chapter 7 bankruptcy case can be reopened after discharge and case closure under certain circumstances. Bankruptcy Code §350(b) authorizes the bankruptcy court to reopen a case for various reasons, including to "administer assets, to relief to the debtor, or for other cause." Fed. R.
In most bankruptcy cases, shortly after the final discharge order is entered by the court, the case is closed. However, this is not always the case. In some Chapter 7 bankruptcy cases, the case may remain open for months, or even years, after the discharge has been granted.
You can either reinstate your case or file a new bankruptcy one. Written by Kristin Turner, Harvard Law Grad. As soon as a bankruptcy case is dismissed, the automatic stay comes to an end and the collections process can resume. If you want to file bankruptcy again, your automatic stay may be shortened or eliminated.
A bankruptcy discharge releases the debtor from personal liability for certain specified types of debts. In other words, the debtor is no longer legally required to pay any debts that are discharged.
A Chapter 13 discharge is a formal document signed by the bankruptcy judge that says you've successfully met the terms of your repayment plan. It means that any remaining balances on your qualified debt are forgiven, and it's a red-light-full-stop for creditors trying to collect debts.
Typically, a request to revoke the debtor's discharge must be filed within one year of the discharge or, in some cases, before the date that the case is closed. The court will decide whether such allegations are true and, if so, whether to revoke the discharge.
The trustee or your creditors can also ask the court the reopen your bankruptcy after you receive a discharge. In most cases, the trustee or your creditors will want to reopen your case if they: find assets that you didn't disclose in your bankruptcy paperwork.