Who can Object to Your Bankruptcy Discharge?

  • David M. Offen,
  •   Bankruptcy
  •   Comments Off on Who can Object to Your Bankruptcy Discharge?

bankruptcy dischargeWith Chapter 7 bankruptcy, some or all of your debt will be discharged. This is the primary reason to file, as it gives you a fresh start when everything is said and done.

As simple as it sounds, there is more than meets the eye. Did you know that your bankruptcy trustee or a creditor could challenge the discharge of a particular debt? If this happens, you will be faced with an additional step in the process.

Creditors

While not always the case, creditors are the ones that most often object to a discharge. The reason for this is simple: they don’t feel like they are getting a fair shake. They often argue that the debt should not be discharged. Don’t be surprised if the creditor argues that you misled them when completing a loan application or made some type of false statement. They have to strengthen their stance and will do whatever it takes to do so.

Bankruptcy Trustee

This person has many jobs, including the responsibility to ensure that all creditors receive equal treatment as your case moves from one step to the next. The trustee can step in and object to the discharge of a debt. In some cases, although less common, this person can object to the discharge of all debt, not just one type.

Note: your Chapter 7 bankruptcy trustee is watching your case closely, so you should never consider any type of fraud. If the trustee proves that you committed bankruptcy fraud, your discharge will be denied.

Not as Bad as it Sounds

There is a lot of good that can come from Chapter 7 bankruptcy. However, this information proves there are some challenges you may need to overcome along the way.

Knowing that a creditor or bankruptcy trustee can object to your discharge is scary. Fortunately, this is not as bad as it sounds. When you have a qualified attorney working on your behalf, there is nothing to worry about. You know you will be in good hands and that everything will work out in the end.

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