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.
Tennessee 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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Adding a Creditor After a Chapter 7 Filing If you do miss one, you will have to pay a fee to have your petition amended. If a creditor is not listed in your Chapter 7 and your filing is declared a ?no asset? case, even omitted creditors are considered discharged in most jurisdictions.
Yes, you can add a creditor any time before your case is closed, even after the discharge is entered. For a detailed step-by-step guide on how to add a creditor after filing, check out this article.
So what happens if you leave off a creditor by mistake? Can you add a creditor in Chapter 7 bankruptcy after filing? The answer is yes, but leaving off a creditor can complicate your bankruptcy process.
What happens when a creditor files an objection? A creditor's objection does not automatically prevent a discharge of debt. The debtor gets a chance to file an answer to the objection, and the court may hold a hearing to decide the issue. This is called an adversary proceeding, and it works much like any other lawsuit.
If a creditor ?willfully? violates the automatic stay and this violation injures an individual, the law requires the creditor to pay the individual actual damages, including costs and attorney fees, and may be required to pay punitive damages to punish this violation of the Bankruptcy Code.
It depends. Most courts, but not all, will discharge an unlisted debt if your creditors didn't receive any money in your case. However, in all jurisdictions, a defrauded creditor can ask the court to reopen your bankruptcy and hold you liable for an unlisted debt.
The bottom line is, creditors are not allowed to contact you after your case is filed. If a creditor contacts you anyway, chances are they made a mistake on their end and will stop all future contact as soon as you tell them about your pending bankruptcy.
The automatic stay has a broad scope, applying to all creditors, whether secured or unsecured, and to all of the debtor's property, wherever located. It forbids creditors from pursuing both formal and informal actions and remedies against the debtor and its property.