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.
Delaware 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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How to fill out 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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FAQ
A debtor may apply to the Court to challenge (oppose) a bankruptcy notice before the time for compliance with the notice has finished. The debtor can apply to challenge a bankruptcy notice if: there is a defect in the bankruptcy notice. the debt on which the bankruptcy notice is based does not exist.
No one can prevent a person from filing bankruptcy but a bankrupt's discharge can be opposed by the Office of the Superintendent of bankruptcy, a creditor or the trustee.
An objection to discharge is a notice lodged with the Official Receiver by a trustee to induce a bankrupt to comply with their obligations. An objection will extend the period of bankruptcy so automatic discharge will not occur three years and one day after the bankrupt filed a statement of affairs.
It usually only occurs when a debtor realizes that the bankruptcy court won't grant a discharge for some other reason, but the debtor still wants the liquidation (or even the repayment plan) to proceed instead of the court dismissing the case.
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.
The court may deny a chapter 7 discharge for any of the reasons described in section 727(a) of the Bankruptcy Code, including failure to provide requested tax documents; failure to complete a course on personal financial management; transfer or concealment of property with intent to hinder, delay, or defraud creditors; ...
Most objections to repayment plans, whether coming from a trustee or a creditor, assert that a debtor has not been fully forthcoming about his or her financial situation. Other objections might claim the plan is simply not realistic or workable.
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.