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Does the debtor have the right to a discharge or can creditors object to the discharge? 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.
Creditors rarely show up. Credit card and medical debt collectors basically never appear. In 1% to 3% of the hearings, a bank representative who loaned you money (e.g., for a business or a car), a former business partner, or an ex-spouse may attend the hearing.
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.
A credit card issuer can object to a bankruptcy discharge of the debt in question by asserting that the information on the credit application was false. The debtor may have overstated income and/or understated expenses. A creditor can also challenge a discharge based on a fraudulent statement of a source of income.
Instead, they process the bankruptcy notice along with the thousands of others they get each year without an ounce of emotion about it. So if you are sitting at home and wondering what creditors think when you file bankruptcy, they don't think much about it.
Miss just one and your case may be dismissed. The good news is that if you ? or the attorney you hire ? gets the paperwork right and the case moves through the court to the point where debt discharge is determined, the U.S. Bankruptcy Courts says that 99% of Chapter 7 cases succeed.
However, each of your creditors must file a proof of claim (described below) within a certain time to prove how much you owe. If a creditor fails to do so, then the bankruptcy trustee will not make any payments to that creditor. In some cases, lack of a proof of claim may benefit you.
The debtor is required to answer questions under penalty of perjury (swearing or affirming to tell the truth) about the debtor's conduct, property, liabilities, financial condition, and any other matter that may affect the administration of the case or the debtor's right to discharge.