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.
West Virginia Complaint Objecting to Discharge of Debtor in Bankruptcy Due to False Oath or Account of Debtor
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How to fill out Complaint Objecting To Discharge Of Debtor In Bankruptcy Due To False Oath Or Account Of Debtor?
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The answer is yes, creditors benefit from a certain degree of protection under the bankruptcy law and they are allowed to require debtors to file for bankruptcy. Nonetheless, the circumstances in which one would be forced by creditors to file for involuntary bankruptcy are limited.
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; ...
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.
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; ...
An objection to discharge is a notice lodged with the Official Receiver by a trustee to induce a bankrupt to comply with their obligations. An objection will extend the period of bankruptcy so automatic discharge will not occur three years and one day after the bankrupt filed a statement of affairs.
Bankruptcy can renegotiate or erase many types of unsecured debts, such as on credit cards or personal loans. Other debts cannot be discharged in a bankruptcy. The U.S. Bankruptcy Code lists 19 different categories of debts that cannot be discharged in: Alimony and child support.
P. 4005. Secured creditors may retain some rights to seize property securing an underlying debt even after a discharge is granted. Depending on individual circumstances, if a debtor wishes to keep certain secured property (such as an automobile), he or she may decide to "reaffirm" the debt.
A discharge in bankruptcy eliminates a debtor's legal obligation to pay debts that are discharged. The granting of a discharge (1) is not a dismissal of the case, (2) does not determine how much money, if any, the trustee will pay to creditors, and (3) does not always automatically result in the closing of a case.