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.
Mississippi Complaint Objecting to Discharge of Debtor in Bankruptcy Due to False Oath or Account of Debtor
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How to fill out Complaint Objecting To Discharge Of Debtor In Bankruptcy Due To False Oath Or Account Of Debtor?
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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.
Key Takeaways Types of debt that cannot be discharged in bankruptcy include alimony, child support, and certain unpaid taxes. Other types of debt that cannot be alleviated in bankruptcy include debts for willful and malicious injury to another person or property.
In fact, the federal courts (which handle bankruptcy cases) list 19 different types of debt that are not eligible for discharge. 2 The most common ones are child support, alimony payments, and debts for willful and malicious injuries to a person or property.
If a debtor hides funds, falsifies records, improperly transfers property, or conceals documents related to a bankruptcy proceeding, the debtor can be prosecuted in Federal Court for Bankruptcy Fraud pursuant to Title 18, United States Code, Section 152.
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.
P. 4005. Secured creditors may retain some rights to seize property securing an underlying debt even after a discharge is granted. Depending on individual circumstances, if a debtor wishes to keep certain secured property (such as an automobile), he or she may decide to "reaffirm" the debt.