How Do I Object to Discharge in Bankruptcy?

Full Question:

My wife and I own a first trust deed on a summer vacation cabin which is serviced by a title company--Pioneer Title Agency, Inc. We received notice from the title company that the buyers (debtors) have filed a Chapter 7 Bankruptcy. The title company assures me that the note is paid up currently. I have attempted to contact the bankruptcy trustee bu t have not heard back. A meeting of creditors is scheduled for April 26, 2012. The deadline to object to debtor's discharge or to challenge discharge ability of certain debts is 6/25/12. As owners of the trust deed, shat steps should we take to secure our rights to the real property? Do we need to seek the services of a lawyer, or can we handle this ourselves. We currently live in Missouri so would find it difficult to attend hearings.
04/11/2012   |   Category: Bankruptcy   |   State: Arizona   |   #25653

Answer:

An objection to the debtor's discharge may be filed by a creditor, by the trustee in the case, or by the U.S. trustee. You may handle the matter on your own if you feel competent, but if not, we suggest consulting a local attorney who can review the facts and documents involved. Creditors receive a notice shortly after the case is filed that sets forth much important information, including the deadline for objecting to the discharge. To object to the debtor's discharge, a creditor must file a complaint in the bankruptcy court before the deadline set out in the notice. Filing a complaint starts a lawsuit referred to in bankruptcy as an "adversary proceeding." In a Chapter 11, 12 and 13 case, if confirmation of a plan or the discharge is obtained through fraud, the court can revoke the order of confirmation or discharge.

The form will depend on the basis for the objection.