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.
New Mexico 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
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; ...
Dischargeable debt is debt that can be eliminated after a person files for bankruptcy. The debtor will no longer be personally liable for the debts and therefore has no legal obligation to pay discharged debt.
The burden then shifts to the debtor to object to the claim. The debtor must introduce evidence to rebut the claim's presumptive validity. If the debtor carries its burden, the creditor has the ultimate burden of proving the amount and validity of the claim by a preponderance of the evidence.
Deadline for objecting to discharge is September 8, 2023. Deadline for filing claims was . Chapter 11 Status Conference is continued to October 18, 2023 at am.
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.
Objecting to a Discharge Generally A Chapter 7 bankruptcy trustee might raise a general objection, or the U.S. Trustee or Bankruptcy Administrator might object to a discharge generally if they suspect inaccurate information in the bankruptcy petition upon auditing it.
A trustee's or creditor's objection to the debtor being released from personal liability for certain dischargeable debts. Common reasons include allegations that the debt to be discharged was incurred by false pretenses or that debt arose because of the debtor's fraud while acting as a fiduciary.