Hawaii Complaint Objecting to Discharge of Debtor in Bankruptcy Proceedings for Refusal By Debtor to Obey a Lawful Order of the Court

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US-01091BG
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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.

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  • Preview Complaint Objecting to Discharge of Debtor in Bankruptcy Proceedings for Refusal By Debtor to Obey a Lawful Order of the Court
  • Preview Complaint Objecting to Discharge of Debtor in Bankruptcy Proceedings for Refusal By Debtor to Obey a Lawful Order of the Court

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FAQ

Except as otherwise provided in subdivision (d), 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 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; ...

Key Takeaways. Types of debt that cannot be discharged in bankruptcy include alimony, child support, and certain unpaid taxes. Other types of debt that cannot be alleviated in bankruptcy include debts for willful and malicious injury to another person or property.

The debtor knowingly made a false oath or account, presented a false claim, etc. Failure to comply with a bankruptcy court order.

In fact, the federal courts (which handle bankruptcy cases) list 19 different types of debt that are not eligible for discharge. 2 The most common ones are child support, alimony payments, and debts for willful and malicious injuries to a person or property.

If a debt arose from the debtor's intentional wrongdoing, the creditor can object to discharging it. This might involve damages related to a drunk driving accident, for example, or costs caused by intentional damage to an apartment or other property.

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; ...

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Hawaii Complaint Objecting to Discharge of Debtor in Bankruptcy Proceedings for Refusal By Debtor to Obey a Lawful Order of the Court