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.
Massachusetts Complaint Objecting to Discharge or Debtor in Bankruptcy Proceeding for Failure to Keep Books and Records
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How to fill out Complaint Objecting To Discharge Or Debtor In Bankruptcy Proceeding For Failure To Keep Books And Records?
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FAQ
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.
You'll still be required to keep up all payments on secured debts for assets you plan to keep, like payments on your mortgage or car loan. Bankruptcy does not eliminate spousal or child support payments. Bankruptcy also won't get rid of court fines or debts due to fraud.
You cannot remove a discharged debt from your credit report unless the information listed is incorrect. Even though you repaid the debt, partially or in full, or the lender stopped its collection attempts, the entry will remain on your report for seven years.
To remove the bankruptcy before the seven or ten years elapse, you'll have to prove that the bankruptcy was placed on your report by mistake or that the bankruptcy has remained on your credit report past the statutory timeline as defined by the Fair Credit Reporting Act (FCRA).
Accurate items in your record can't be removed before the term set by law expires, which is seven years for most negative items. For example, if you missed payments on your credit card, your dispute to remove that information will be denied.
Though Chapter 7 stays on your report for up to 10 years, the debt you discharge may go away sooner. That's because most negative accounts fall off your report seven years or so after any final payment or activity. But some Chapter 13 debts may show up on your report after the bankruptcy drops off.
This requirement protects consumers from having any inaccurate information on their reports that would unfairly harm their credit. But this also prevents information from being removed when it is correct. So when you have a bankruptcy case on your credit report and it's accurate, it can't be removed early.
You can't remove bankruptcies from your credit report unless they are inaccurate. Bankruptcies will automatically be removed from your credit report after seven or 10 years.
