Discharged Bankruptcy Chapter 13 Withdrawn

State:
Multi-State
Control #:
US-01087BG
Format:
Word; 
Rich Text
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Description

The Discharged Bankruptcy Chapter 13 Withdrawn form serves as a formal objection by a creditor against the discharge of debts owed by the debtor under Chapter 13 bankruptcy. This document outlines allegations that the debtor has engaged in fraudulent activities, such as transferring property to hinder creditors or omitting assets from their disclosure. Key features include sections for detailing the creditor's address, debtor's information, grounds for objection, and specific requests for the court's action. The form requires clear documentation of the alleged fraudulent actions and requires the creditor’s attorney to certify service to the debtor's counsel. This form is particularly useful for attorneys, partners, owners, associates, paralegals, and legal assistants involved in bankruptcy proceedings. They can utilize it to protect their clients' interests, ensure compliance with legal procedures, and efficiently handle objections to discharges. The clarity of this form aids legal professionals in easily understanding how to file and amend documents related to bankruptcy disputes.
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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

How to fill out Complaint Objecting To Discharge In Bankruptcy Proceedings For Concealment By Debtor And Omitting From Schedules Fraudulently Transferred Property?

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FAQ

In Chapter 7 bankruptcy, a party in interest can request that a debt discharge be revoked if they can show that the debtor: Obtained the debt discharge fraudulently, and that the fraud was only discovered after the debt discharge was granted.

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.

A Chapter 7 bankruptcy case can be reopened after discharge and case closure under certain circumstances. Bankruptcy Code Section 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.

You must also keep in mind that once a bankruptcy case is filed, whether Chapter 7 or Chapter 13, it cannot be completely reversed and will appear on a credit report for 7 to 10 years whether or not the case is actually completed.

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.

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Discharged Bankruptcy Chapter 13 Withdrawn