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.
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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Chapter 7 Bankruptcy Also known as liquidation or straight bankruptcy, Chapter 7 is the most common type of bankruptcy for individuals. A court-appointed trustee oversees the liquidation (sale) of your assets (anything you own that has value) to pay off your creditors (the people you owe money to).
Another exception to Discharge is for fraud while acting in a fiduciary capacity, embezzlement, or larceny. Domestic obligations are not dischargeable in Bankruptcy. Damages resulting from the willful and malicious injury by the debtor of another person or his property, are also not dischargeable in Bankruptcy.
In the United States, about 10 percent of bankruptcy filings involve fraudulent claims. The four most commonly encountered fraud schemes are concealment of assets, petition mills, multiple-filing schemes, and bust-out schemes.
The trustee reviews the bankruptcy schedules (the legal term for the documents the debtor filed) and checks them against tax forms, pay stubs, bank statements and anything else that shows money coming in or property owned.
Bankruptcy fraud occurs when deceitful actions are taken during the bankruptcy process in order to provide false information or hide assets from creditors. It's considered a federal offense with harsh repercussions that can include up to five years of imprisonment and fines reaching $250,000.
The procedure when a discharge is opposed When a discharge is opposed the court reviews the details of the opposition. The registrar will then set a time for a hearing. The challenger and the debtor and if desired their lawyers will attend the hearing. The registrar will provide a written decision.
If your bankruptcy trustee opposes your discharge, you will need to attend a court hearing and explain to the bankruptcy judge why you did not meet one or more of your obligations. They will then assess your case and decide how to proceed.