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.
Oregon 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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How to fill out 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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FAQ
When the bankruptcy court denies your discharge in a Chapter 7 case, you remain responsible for paying back all your debts. Denial of your Chapter 7 discharge doesn't end the case, though. The Chapter 7 trustee will still gather and liquidate any non-exempt assets; all you lose is your fresh start free of those debts.
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.
A debtor may apply to the Court to challenge (oppose) a bankruptcy notice before the time for compliance with the notice has finished. The debtor can apply to challenge a bankruptcy notice if: there is a defect in the bankruptcy notice. the debt on which the bankruptcy notice is based does not exist.
Under Federal Rules of Bankruptcy Procedure Rule 4004, a trustee or creditors have sixty (60) days after the first date set for the 341(a) Meeting of Creditors to file a complaint objecting to discharge.
The debtor knowingly made a false oath or account, presented a false claim, etc. Failure to comply with a bankruptcy court order.
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; ...
A creditor will usually object to the discharge of its particular debt when fraud or an intentional wrongful act occurs before the bankruptcy case. For instance, examples of nondischargeable debts, if proven, could include: The costs and damages caused by intentional and spiteful conduct.
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.