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.
Complaint Objecting to Discharge of Debtor in Bankruptcy Proceeding Due to Destruction of Books From Which Financial Condition Might Have Been
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If you lied on a loan application or otherwise used fraud, false pretenses, or misrepresentation to obtain credit, the creditor will likely have grounds to object to your discharge.
An objection to a proof of claim must be in writing and filed with the bankruptcy court. A copy of the objection and the notice of court hearing date must be mailed to the creditor, the trustee, and the debtor at least 30 days before the hearing.
An objection to claim may be filed to object to one claim or multiple claims subject to conditions in Federal Rule of Bankruptcy Procedure 3007(e). When an objection to claim objects to multiple claims, it is called an omnibus objection to claim. An omnibus objection to claim may cause the entry of multiple orders.
The trustee (or a creditor) can object to the Chapter 13 plan if it appears that someone isn't getting paid the right amount. A judge has the final say, however, and will either approve or reject the plan at the confirmation hearing.
If the court grants a creditor or trustee's objection to a debt discharge, you'll remain responsible for paying the debt.Interested parties such as creditors or the trustee still have time to object to your bankruptcy discharge after your initial hearing.
Ways to Object to a Bankruptcy Discharge If you'd like to dispute the debtor's right to a discharge, you'll need to file either an adversary proceeding (a type of lawsuit) or a motion, depending on the type of debt involved.
A creditor or the trustee can object to the discharge of one or all of your debts in bankruptcy.But even if a debt qualifies for a discharge, a creditor or the bankruptcy trustee can object to the discharge of a particular debt or the entire bankruptcy case by filing a motion or lawsuit called an adversary proceeding.
Grounds for Denial of a Debt Discharge Failed to keep or produce adequate books or financial records. Failed to explain any loss of assets. Committed a bankruptcy crime such as perjury. Failed to obey a lawful order of the bankruptcy court.