Iowa Debtors Certified Motion For Entry Of Discharge Order And Notice Of Deadline To Object is a legal document used by a debtor to request a discharge of any debts or other obligations that have been discharged in bankruptcy. This motion allows the debtor to receive a discharge order from the court that relieves them from any future financial obligations associated with the debt. The motion must be filed with the bankruptcy court and must include a Notice of Deadline to Object. The Notice of Deadline to Object provides creditors with an opportunity to object to the debtor's motion and the discharge order within a specific period of time. The two types of Iowa Debtors Certified Motion For Entry Of Discharge Order And Notice Of Deadline To Object are: 1. Chapter 7 Discharge Motion and Notice of Deadline to Object — This motion is used when a debtor has filed a Chapter 7 bankruptcy. The motion requests that the court enter a discharge order for the debtor's obligations that have been discharged in the bankruptcy. 2. Chapter 13 Discharge Motion and Notice of Deadline to Object — This motion is used when a debtor has filed a Chapter 13 bankruptcy. The motion requests that the court enter a discharge order for the debtor's obligations that have been discharged in the bankruptcy.
Iowa Debtors Certified Motion For Entry Of Discharge Order And Notice Of Deadline To Object
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FAQ
The debt was incurred through fraud, false pretenses, or misrepresentation, such as a person taking on debt with no intent of paying it back. The debt is a credit card debt that was used to pay a nondischargeable debt. The bankruptcy petition was fraudulent or filed to abuse creditors.
To object to the debtor's discharge, a creditor must file a complaint in the bankruptcy court before the deadline set out in the notice. Filing a complaint starts a lawsuit referred to in bankruptcy as an "adversary proceeding."
A discharge releases a debtor from personal liability of certain debts known as dischargeable debts, and prevents the creditors owed those debts from taking any action against the debtor or the debtor's property to collect the debts.
The bankruptcy court has exclusive jurisdiction to determine dischargeability of these debts.
A complaint to determine the dischargeability of a debt under §523(c) shall be filed no later than 60 days after the first date set for the meeting of creditors under §341(a). The court shall give all creditors no less than 30 days' notice of the time so fixed in the manner provided in Rule 2002.
Under Federal Rules of Bankruptcy Procedure Rule 4004, a trustee or creditors have sixty (60) days after the first date set for the 341(a) Meeting of Creditors to file a complaint objecting to discharge.
Determination of Dischargeability of a Debt. (a) Persons Entitled To File Complaint. A debtor or any creditor may file a complaint to obtain a determination of the dischargeability of any debt.
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.