Louisiana Complaint Objecting to Discharge of Debtor in Bankruptcy Due to False Oath or Account of Debtor

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Multi-State
Control #:
US-01090BG
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Word; 
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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 Due to False Oath or Account of Debtor
  • Preview Complaint Objecting to Discharge of Debtor in Bankruptcy Due to False Oath or Account of Debtor
  • Preview Complaint Objecting to Discharge of Debtor in Bankruptcy Due to False Oath or Account of Debtor

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FAQ

The answer is yes, creditors benefit from a certain degree of protection under the bankruptcy law and they are allowed to require debtors to file for bankruptcy. Nonetheless, the circumstances in which one would be forced by creditors to file for involuntary bankruptcy are limited.

An individual receives a discharge for most of his or her debts in a chapter 7 bankruptcy case. A creditor may no longer initiate or continue any legal or other action against the debtor to collect a discharged debt. But not all of an individual's debts are discharged in chapter 7.

You do not have to be in a specific amount of debt to file Chapter 7 bankruptcy. Your income might play a role in your ability to file for Chapter 7 bankruptcy protection, and you might be required to complete a ?means test? to determine your eligibility.

Chapter 11 is the chapter used by large businesses to reorganize their debts and continue operating. Corporations, partnerships, and limited liability companies cannot use chapter 13 to reorganize and must cease business operations if a chapter 7 bankruptcy is filed.

Bankruptcy is regulated by federal law. Chapter 7 bankruptcy petitions may only be filed voluntarily. In Chapter 11 bankruptcy, only the debtor may propose plans of reorganization. Creditor claims are divided into classes, and the highest class must be satisfied in full before going to the next category.

In chapter 7 cases, the debtor does not have an absolute right to a discharge. An objection to the debtor's discharge may be filed by a creditor, by the trustee in the case, or by the U.S. trustee.

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Louisiana Complaint Objecting to Discharge of Debtor in Bankruptcy Due to False Oath or Account of Debtor