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.
Arkansas Complaint Objecting to Discharge in Bankruptcy Proceedings for Concealment by Debtor and Omitting from Schedules Fraudulently Transferred Property
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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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A) Voluntary Dismissal ? A debtor can file a motion to voluntarily dismiss the bankruptcy case, but the court may or may not approve the dismissal depending upon the chapter number of the bankruptcy case and the prior history of the debtor in bankruptcy.
You cannot remove a discharged debt from your credit report unless the information listed is incorrect. Even though you repaid the debt, partially or in full, or the lender stopped its collection attempts, the entry will remain on your report for seven years.
Another exception to Discharge is for fraud while acting in a fiduciary capacity, embezzlement, or larceny. Domestic obligations are not dischargeable in Bankruptcy. Damages resulting from the willful and malicious injury by the debtor of another person or his property, are also not dischargeable in Bankruptcy.
An Objection to Discharge is a motion by a creditor to a bankruptcy court asking the court not to discharge a person's specific debt owed to that creditor. If the court grants the motion, the debt is not discharged in bankruptcy and remains due.
The trustee can object to the discharge of a particular debt or the discharge of all debts. The trustee will usually do this when the trustee suspects fraud, (hiding assets, transferring assets to another, or destroying assets).
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."
Objecting to a Discharge Generally This might be appropriate when the debtor lied to the bankruptcy judge or trustee, made false statements on the bankruptcy petition, fraudulently transferred title to property, destroyed property, or disregarded a court order.