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Types of objections to the discharge of a debt

On Behalf of | Mar 6, 2020 | Bankruptcy

If you file bankruptcy, you can ask the court to discharge your debts. The court may only do so under the law. Some debts you cannot discharge in bankruptcy, such as student loans. In every case, there is an opportunity for objections to the discharge of your debts. According to the U.S. Courts, a trustee or creditor may object.

There are several reasons why an objection may occur in your case. You should know that objections occur in a Chapter 7 bankruptcy. Creditors in a Chapter 13 bankruptcy do not get the option to object to discharge, but they can object to the repayment plan details. Limited options for objection exist in other types of bankruptcy.

Reasons for objections

A creditor may object to the discharge of a debt because they feel that you are attempting to defraud them or conceal information about your assets. They may also object on the grounds of anything in the bankruptcy law. If they feel that the court should not remove your responsibility to pay the debt owed to them, then they must be able to provide adequate proof under the law for their objection.

A trustee may object if you fail to complete the required financial courses or do not provide documents that the trustee requested. Also, if a trustee feels that you are not providing accurate information, he or she could object. Any violation of a court order or other violation of the bankruptcy law could equate to an objection from the trustee.

There are time limits for objections from creditors. They will receive a notice about your bankruptcy and their rights to object. The creditor must also file a petition with the court to formally make a complaint. When the creditor files a complaint, it begins a lawsuit. If your case goes to trial, the burden of proof lies entirely with the creditor.