Can a Debtor Object to the Discharge of a Debt in Bankruptcy?
One of the primary reasons people file for bankruptcy is that it often results in the dischargeof most, if not all of a person’s debt.1 When your debt is discharged, it means that you are no longer under any legal obligation to pay that debt. In many cases, a bankruptcy goes smoothly and debts are discharged without any issues. In certain cases, however, creditors object to the discharge of a particular debt or all of all of a debtor’s debts. These objections may be made within 60 days of the meeting of creditors.2
There are various legal reasons that a creditor may object to a discharge of debts, and simply requesting that the court do so does not mean that the request will be granted. As a result, it is always best for someone who is filing for bankruptcy to do so with the assistance of an experienced lawyer.
Common reasons that a creditor may object to the discharge of a certain debt
While there are a variety of reasons that a creditor may object to the discharge of a debt it is owed, one of the most common in the appearance of fraud. If a person incurs a debt without the intention of paying it back, the law considers that debt fraudulently obtained. In some cases, a certain purchase or purchases made with credit may even raise a presumption of fraud, particularly if they are luxury items purchased shortly before a bankruptcy is filed. Importantly, if a creditor successfully objects to the discharge of a particular debt, this will have no effect on the rest of your bankruptcy.
Objections to the Discharge of All Debts
In addition to the scenario described above, creditors also have the option of objection to the discharge generally. Some of the more common reasons this may occur include:
- Incomplete or falsified documents
- Fraudulent transfers made to avoid including property in a bankruptcy
- Failing to complete mandatory credit counseling and financial management courses
- Having been granted a discharge within the past 8 years
Contact a Long Island bankruptcy lawyer today to schedule a free consultation
If you are experiencing financial difficulty, bankruptcy may be able to help. The most effective way to determine whether you will be able to benefit from bankruptcy is by discussing your situation with an experienced bankruptcy attorney as soon as possible. Long Island attorney Ronald D. Weiss has been helping people obtain a fresh start through bankruptcy for over 25 years. To schedule a free consultation with Mr. Weiss, call our office today at (631) 319-9238.