Objection to Discharge
Trustees, creditors and the United States trustee may ask the bankruptcy court to reject the debtor's discharge for Bankruptcy claims.
Objection to Discharge
Bankruptcy discharge is generally allowed (for Chapter 13 Bankruptcy) three to five years after the bankruptcy petition is filed and the debtor has completed their debt repayment plan. Chapter 7 Bankruptcy discharges can occur generally six to nine months after the first creditor's meeting. If the debtor has no assets to liquidate the process can be quick, inexpensive and simple.
Bankruptcy Court may reject discharge if:
- The Chapter 7 debtor obtained the discharge through fraudulent means.
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The Chapter 7 debtor did not disclose property they acquired that created a bankruptcy estate.
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The Chapter 7 debtor performed improper acts which are outlined in section 727(a)(6) of the Bankruptcy Code.
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The Chapter 13 debtor obtained their discharge for bankruptcy or the confirmation for their Chapter 13 debt repayment plan through fraud.
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More Help on Objection to Discharge
- Bankruptcy Court - United States federal courts have jurisdiction over all bankruptcy cases and the cases are not allowed to be filed in state court. - read more
- Bankruptcy Petition - The bankruptcy petition is an official form filed by the person who wants to begin the Bankruptcy process. - read more
- Creditors Committee - A Creditors\' Committee, appointed by the U.S. Trustee, represents the interest of unsecured creditors, bondholders, retirees or security holders in a Chapter 11 Bankruptcy reorganization (some small business cases do not require the U.S. trustee to appoint the committee). - read more
