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 of Debtor in Bankruptcy Proceedings for Refusal By Debtor to Obey a Lawful Order of the Court In Kentucky, creditors have the right to file a complaint objecting to the discharge of a debtor in bankruptcy proceedings if the debtor has refused to obey a lawful court order. This complaint seeks to challenge the debtor's eligibility for a discharge, holding them accountable for their non-compliance. Types of Kentucky Complaints Objecting to Discharge of Debtor in Bankruptcy Proceedings for Refusal By Debtor to Obey a Lawful Order: 1. Complaint Alleging Violation of Automatic Stay: Creditors can file a complaint if the debtor has willfully violated the automatic stay imposed by the court. This occurs when the debtor continues collection actions or attempts to seize property despite the court's order for a temporary halt on such activities. 2. Complaint for Non-compliance with Debtor Education Requirement: One of the prerequisites for bankruptcy discharge is the completion of a debtor education course. If a debtor refuses to fulfill this requirement, creditors can file a complaint objecting to their discharge. 3. Complaint for Failure to Attend the Meeting of Creditors: Under bankruptcy law, debtors are required to attend the meeting of creditors (341 meeting). If a debtor fails to appear without a valid reason, creditors can file a complaint to contest their discharge. 4. Complaint for Concealment of Assets: Debtors have an obligation to disclose all assets during bankruptcy proceedings. If a creditor has reason to believe that the debtor has concealed assets with the intent to hinder, delay, or defraud creditors, they can file a complaint objecting to the discharge. 5. Complaint for Violation of Court's Order regarding Financial Management Course: Similar to the debtor education course, bankruptcy law mandates the completion of a financial management course. If a debtor fails to comply with the court's order to finish this course, a creditor can file a complaint challenging their eligibility for discharge. 6. Complaint for Willful and Malicious Injury: If a debtor has engaged in intentional, harmful conduct against the creditor or their property, the creditor can object to the debtor's discharge by filing a complaint alleging willful and malicious injury. In each of these types of complaints, the creditor presents evidence and arguments to demonstrate the debtor's refusal to obey a lawful court order, thereby seeking to prevent the debtor from receiving a discharge of their debts in bankruptcy proceedings.
