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.
Rhode Island Complaint Objecting to Discharge or Debtor in Bankruptcy Proceeding for Failure to Keep Books and Records
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FAQ
A willful violation exists when a party knew of the automatic stay and the actions taken in violation of the stay were intentional.[3] The presence of intention is irrelevant, however, as only the actions taken must be intentional.[4]
As part of the Reform Act of 1978, paragraph (2) of this section provided that "a debt for obtaining money, property, services, or a refinancing, extension, or renewal of credit by false pretenses, a false representation, or actual fraud, or by use of a statement in writing respecting the debtor's financial condition ...
Debts not discharged Some debts are not dischargeable in bankruptcy. See 11 U.S.C. 523 for the list of non dischargeable debts. Non dischargeable debts are unaltered by the bankruptcy discharge and remain just as valid as they were before the bankruptcy. The debtor's personal liability continues.
The elements are that: (1) the debtor made a false representation with the intent to deceive the creditor; (2) the creditor justifiably relied on the misrepresentation; and (3) the creditor suffered a loss as a result of the misrepresentation.
Section 362(k)(1) provides that an individual injured by any willful violation of the automatic stay ?shall recover actual damages, including costs and attorneys' fees, and in appropriate circumstances, may recover punitive damages.?
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).
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.
Immediately notify your attorney of any violations of the bankruptcy automatic stay. Your bankruptcy attorney can act on your behalf to notify the bankruptcy court which will then take action to stop violators.
Under section 523(a)(2)(B)(i) a discharge is barred only as to that portion of a loan with respect to which a false financial statement is materially false.In many cases, a creditor is required by state law to refinance existing credit on which there has been no default.
If a creditor intentionally violates the Automatic Stay, then they subject themselves to punishment by the Court, which could include not only undoing what they did, but they also are likely to be sanctioned with a fine and/or some other more severe penalty decided by the Court.
