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.
Washington Complaint Objecting to Discharge in Bankruptcy Proceeding for Failure to Keep or Preserve Books or Records that Explains Loss or Deficiency in Assets,
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How to fill out Complaint Objecting To Discharge In Bankruptcy Proceeding For Failure To Keep Or Preserve Books Or Records That Explains Loss Or Deficiency In Assets,?
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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; ...
Most bankruptcy cases pass through the bankruptcy process with little objection by creditors. Because the bankruptcy system is encoded into U.S. law and companies can prepare for some debts to discharge through it, creditors usually accept discharge and generally have little standing to contest it.
Once you're discharged, you're no longer legally responsible for any of the debts that were included in your bankruptcy. Some debts, such as criminal fines, child maintenance arrears or TV Licence non-payment, are not discharged in bankruptcy and won't be written off. You'll need to keep paying these.
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.
In most cases, the debtor's discharge is issued 60 or more days after the original date of the meeting of creditors. Note that a debtor's discharge ("fresh start") is not the same event as the closing of the case.
Objecting to a Discharge Generally This might be appropriate when the debtor lied to the bankruptcy judge or trustee, made false statements on the bankruptcy petition, fraudulently transferred title to property, destroyed property, or disregarded a court order.
The debtor knowingly made a false oath or account, presented a false claim, etc. Failure to comply with a bankruptcy court order.
Sanctions, Punitive Awards and Attorneys Fees. Bankruptcy case law provides that a debtor may collect costs, reasonable attorneys fees, sanctions, punitive damages, and compensatory damages against creditors and their attorneys who violate the order of discharge.
