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What exactly is an objection to bankruptcy discharge? Is a creditor or a bankruptcy trustee trying to challenge debts that you are trying to discharge? If there has been an objection to your bankruptcy discharge, do not panic. In this article I will explain what this objection means and how you should proceed.

If you are trying to file bankruptcy, a party might make an objection to the discharge of your debt. This will only occur if that party feels that there are grounds for your debt no to be discharged under state law. The party that wishes to file an objection must file their complaint with the bankruptcy court. That party may file an objection to a particular debt or all of the debts you wish to discharge.

Some common grounds that people encounter where their debts are not discharged are:

  • You have already been granted bankruptcy in the past eight years.
  • You are trying to include nondischargable debts in declaring bankruptcy. Debt that cannot be discharged in bankruptcy includes alimony and child support.
  • Your bankruptcy is based on previous tax returns that were filed with false information.
  • You have made charges on your credit card within the last 90 days that are over $650, and you are trying to discharge them in bankruptcy.
  • You took out cash advances right before filing for bankruptcy.
  • You used your credit card to pay a nondischargeable debt.

Any of your creditors or a bankruptcy trustee may file an objection towards you if one of these actions is determined to have taken place. After they file, you may have a chance to respond and both parties will be permitted to show evidence in order to prove their claims. Although, if it comes out that you have committed fraud, or if an objection proves that you are not eligible for bankruptcy, you will not be granted a discharge of any of your debts.

Bankruptcy is a very serious and complicated matter. In order to make sure you are taking all of the right steps in filing, and that you are properly qualified to file for bankruptcy, it is important for you to contact a lawyer so that he or she may guide you through this process. It is better to make sure that you are properly qualified for bankruptcy before you file so that you can avoid any objections. If a creditor or a bankruptcy trustee wishes to file an objection to your bankruptcy claim, a lawyer will be able to find all the evidence you need to prove that you do in fact need your debts discharged. If you wish to speak to me, you may contact my office at 203-713-8877 or here.  Thank you.