How Do I Object to Discharge in Bankruptcy?
Full Question:
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.
