Massachusetts 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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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.

A Massachusetts Complaint Objecting to Discharge of Debtor in Bankruptcy Proceedings for Refusal By Debtor to Obey a Lawful Order of the court is a legal document filed by a creditor or interested party to object to the discharge of a debtor in a bankruptcy case. This complaint is specifically used when the debtor has refused to comply with a court-issued lawful order. In Massachusetts, there are different types of Complaints Objecting to Discharge of Debtor in Bankruptcy Proceedings for Refusal By Debtor to Obey a Lawful Order, including: 1. Chapter 7 Complaint: This type of complaint is filed in Chapter 7 bankruptcy cases, which involve the liquidation of the debtor's assets to satisfy outstanding debts. The complaint outlines the specific reasons why the debtor's discharge should be objected to, based on their refusal to comply with a lawful court order. 2. Chapter 13 Complaint: This complaint is filed in Chapter 13 bankruptcy cases, where the debtor proposes a repayment plan to repay their debts over a period of three to five years. The creditor or interested party objects to the debtor's discharge in this complaint by highlighting their refusal to follow a lawful court order. 3. Adversary Proceeding Complaint: An adversary proceeding complaint is a separate legal action within the bankruptcy case. It may be filed when there is a dispute that requires more detailed litigation, such as if the debtor's refusal to obey a lawful order involves complex legal issues. Keywords: Massachusetts, complaint objecting to discharge, debtor, bankruptcy proceedings, refusal to obey, lawful order, Chapter 7, Chapter 13, adversary proceeding complaint.

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FAQ

If you had a Chapter 7 that resulted in discharge of your debts, you must wait at least eight years from the date you filed it before filing Chapter 7 bankruptcy again. While Chapter 7 is typically the quickest form of debt relief, the eight-year period to refile is the longest waiting time between cases.

Another exception to Discharge is for fraud while acting in a fiduciary capacity, embezzlement, or larceny. Domestic obligations are not dischargeable in Bankruptcy. Damages resulting from the willful and malicious injury by the debtor of another person or his property, are also not dischargeable in Bankruptcy.

Section 523 complaints focus on specific debts to a single creditor. A Section 727 complaint may be filed if the creditor or bankruptcy trustee believes that the debtor has not met the requirements for a discharge under Section 727. Section 727 complaints address the discharge of a debtor's entire debt obligations.

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; ...

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

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; ...

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.

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To object to the debtor's discharge, a creditor must file a complaint in the bankruptcy court before the deadline set out in the notice. Filing a complaint ... Aug 1, 2016 — PART I. COMMENCEMENT OF CASE: PROCEEDINGS RELATING TO. PETITION AND ORDER FOR RELIEF. RULE 1001-1. TITLE. These Local Bankruptcy Rules, ...Mar 14, 2022 — No statute sets any deadline for a creditor to seek determination of the dischargeability of a debt under § 523(a) or an objection to a debtor's ... Sep 14, 2018 — In her multi-count complaint, the Plaintiff seeks to deny debtor Jonas John Delagrange (“Defendant”) a discharge pursuant to 11 U.S.C §. 727(a)( ... Sep 19, 2018 — A bankruptcy court must abstain where: (1) timely motion is made by a party;. (2) proceeding is based on a state law claim or cause of ... Oct 12, 2022 — First, it seeks to relieve debtors of certain financial obligations they are unable to satisfy by providing them with a “fresh start” from those. Sep 29, 2022 — Under Section 523(a)(2)(A), a discharge under. Chapter 7 of the Bankruptcy Code “does not discharge an individual debtor from any debt * * * (2) ... Under this provision, the debtor may be denied discharge if he refuses to obey any lawful order of the court, or if he refuses to testify after having been ... In a chapter 13 case, a motion objecting to the debtor's discharge under §1328(f) shall be filed no later than 60 days after the first date set for the meeting ... The court rejected the debtors' claims and dismissed the complaint. The ... After confirmation, the creditor attempted to file a proof of claim and the trustee ...

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