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.
Kentucky Complaint Objecting to Discharge by Bankruptcy Court on the Grounds that Transaction was Induced by Fraud Regarding Debtor's Financial Condition
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How to fill out Complaint Objecting To Discharge By Bankruptcy Court On The Grounds That Transaction Was Induced By Fraud Regarding Debtor's Financial Condition?
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FAQ
Section 523(a)(2) provides in substance that an individual Chapter 7 debtor does not receive a discharge from any debt for money obtained by fraud.
The Supreme Court recently ruled that debtors cannot get out of paying creditors whom they have defrauded, even when they aren't directly involved in the fraud. This means a debtor can't escape the consequences of fraudulent activity by filing for bankruptcy.
In a unanimous decision, the Supreme Court held that § 523(a)(2)(A) of the Bankruptcy Code precludes a debtor from discharging a debt obtained by fraud, regardless of the debtor's own culpability.
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; ...
In a decision handed down on February 22, 2023, Bartenwerfer v. Buckley, the United States Supreme Court ruled that the bankruptcy process cannot be used to discharge debts incurred through fraud, even when the debtor was not the individual that defrauded creditors.
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.
Debts Never Discharged in Bankruptcy Alimony and child support. Certain unpaid taxes, such as tax liens. However, some federal, state, and local taxes may be eligible for discharge if they date back several years. Debts for willful and malicious injury to another person or property.
Conditions for Denial of Discharge You've hidden, destroyed, or failed to keep adequate records of your assets and financial affairs. You lied or tried to defraud the court or your creditors. You failed to explain any loss of assets. You refused to obey a lawful order of the court.
In a unanimous decision, the Supreme Court held that § 523(a)(2)(A) of the Bankruptcy Code precludes a debtor from discharging a debt obtained by fraud, regardless of the debtor's own culpability.