On most bankruptcy cases, there are no problems when it comes to the discharge of the debts of a certain bankruptcy case if the procedures are followed and the all of the paperwork have been submitted on time. But there are cases wherein the creditors make objections to the bankruptcy discharge.
Receiving a bankruptcy discharge means that you no longer have to pay for the debts you have, excluding certain debts which are not covered by bankruptcy. This means that creditors cannot legally collect those debts from you in the future. This may either be because you’ve already paid for it through the repayment plan or you have had your assets liquidated in order to pay them back.
The creditor and the bankruptcy trustee both have the privilege to challenge the bankruptcy discharge of a debtor. In doing so, the party who has problems with the discharge needs to file for an objection to the bankruptcy court and request that the debt not be discharged. The deadline for any objections to the discharge of one or all of your debts is 60 days after the meeting of your creditors.
Objection to the Discharge a Particular Debt
Your creditors can file for an objection which has something to do on a particular debt. This would mean that you will need to pay for the debt if the creditors win. Even if you receive a bankruptcy discharge on all of your other debts, once the objection has been considered and your discharge on that particular debt has been canceled, they can still collect that debt from you.
Objection to the Discharge of All of Your Debts
The creditor and the trustee can both object to the discharge of all of your debts. Usually, the reason why a debtor will get a dismissal for your bankruptcy discharge is because of a fraud which has been proven or backed up by evidence. Some of the frauds which may lead to the dismissal include:
* perjury by providing false information on your bankruptcy petition and schedules
* transferring the title or property to another person to avoid including it in the bankruptcy, or
* lying to the bankruptcy trustee or judge during hearings.
Not only will a debtor receive a dismissal for the bankruptcy case they filed, they will also be put to prison because of the action they have done.
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