Oregon Complaint Objecting to Discharge of Debtor in Bankruptcy Proceeding Due to Destruction of Books From Which Financial Condition Might Have Been

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US-01089BG
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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.

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  • Preview Complaint Objecting to Discharge of Debtor in Bankruptcy Proceeding Due to Destruction of Books From Which Financial Condition Might Have Been
  • Preview Complaint Objecting to Discharge of Debtor in Bankruptcy Proceeding Due to Destruction of Books From Which Financial Condition Might Have Been
  • Preview Complaint Objecting to Discharge of Debtor in Bankruptcy Proceeding Due to Destruction of Books From Which Financial Condition Might Have Been

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FAQ

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; ...

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.

An objection to discharge is a notice lodged with the Official Receiver by a trustee to induce a bankrupt to comply with their obligations. An objection will extend the period of bankruptcy so automatic discharge will not occur three years and one day after the bankrupt filed a statement of affairs.

Filing for Chapter 7 bankruptcy eliminates credit card debt, medical bills and unsecured loans; however, there are some debts that cannot be discharged. Those debts include child support, spousal support obligations, student loans, judgments for damages resulting from drunk driving accidents, and most unpaid taxes.

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 typical party in interest would include the bankruptcy trustee, other creditors in the same bankruptcy case, and, in some situations, the debtor. For instance, a Chapter 7 debtor will have standing to object?and thereby be an interested party?only if doing so might put money in the debtor's pocket.

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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Oregon Complaint Objecting to Discharge of Debtor in Bankruptcy Proceeding Due to Destruction of Books From Which Financial Condition Might Have Been