Wyoming Complaint Objecting to Discharge or Debtor in Bankruptcy Proceeding for Failure to Keep Books and Records

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Multi-State
Control #:
US-01088BG
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Description

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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  • Preview Complaint Objecting to Discharge or Debtor in Bankruptcy Proceeding for Failure to Keep Books and Records

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FAQ

Deadline for objecting to discharge is September 8, 2023. Deadline for filing claims was . Chapter 11 Status Conference is continued to October 18, 2023 at am.

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; ...

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.

In fact, the federal courts (which handle bankruptcy cases) list 19 different types of debt that are not eligible for discharge. 2 The most common ones are child support, alimony payments, and debts for willful and malicious injuries to a person or property.

Objecting to a Discharge Generally A Chapter 7 bankruptcy trustee might raise a general objection, or the U.S. Trustee or Bankruptcy Administrator might object to a discharge generally if they suspect inaccurate information in the bankruptcy petition upon auditing it.

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).

Dischargeable debt is debt that can be eliminated after a person files for bankruptcy. The debtor will no longer be personally liable for the debts and therefore has no legal obligation to pay discharged debt.

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Wyoming Complaint Objecting to Discharge or Debtor in Bankruptcy Proceeding for Failure to Keep Books and Records