Question
Can a creditor object to the discharge of my bankruptcy?
I was wondering if my creditor can object to the judge's decision on my bankruptcy. If so, how can I prevent his?LawQA.com Answer Library
Answered By: Saunders Law Group
The creditor can object to the bankrupcy, but only for specific cases. Once you receive the discharge they cannot object.
Answer Applies to: California
Replied: 10/28/2011
Disclaimer: The response above does not form an attorney-client relationship. This answer may or may not apply to you and should not be relied upon as legal advice. LawQA does not make any representation as to the expertise or qualifications of this attorney. This attorney may or may not be admitted to state bar of your state.
Answer Applies to: California
Replied: 10/28/2011
Disclaimer: The response above does not form an attorney-client relationship. This answer may or may not apply to you and should not be relied upon as legal advice. LawQA does not make any representation as to the expertise or qualifications of this attorney. This attorney may or may not be admitted to state bar of your state.
Answered By: Janet A. Lawson Bankruptcy Attorney
They have 60 days from the date of your hearing to object. One thing you can do to prevent some of this is NOT use your credit cards for 180 days before you file.
Answer Applies to: California
Replied: 10/26/2011
Disclaimer: The response above does not form an attorney-client relationship. This answer may or may not apply to you and should not be relied upon as legal advice. LawQA does not make any representation as to the expertise or qualifications of this attorney. This attorney may or may not be admitted to state bar of your state.
Answer Applies to: California
Replied: 10/26/2011
Disclaimer: The response above does not form an attorney-client relationship. This answer may or may not apply to you and should not be relied upon as legal advice. LawQA does not make any representation as to the expertise or qualifications of this attorney. This attorney may or may not be admitted to state bar of your state.
Answered By: Bankruptcy Law office of Bill Rubendall
A creditor can object to your discharge of debts or the dischargeability of a specific debt. Either requires filing an adversary proceeding, which is a lawsuit in the bankruptcy court. The basic reason a creditor would file one or the other is when you have acted fraudulently.
Answer Applies to: California
Replied: 10/25/2011
Disclaimer: The response above does not form an attorney-client relationship. This answer may or may not apply to you and should not be relied upon as legal advice. LawQA does not make any representation as to the expertise or qualifications of this attorney. This attorney may or may not be admitted to state bar of your state.
Answer Applies to: California
Replied: 10/25/2011
Disclaimer: The response above does not form an attorney-client relationship. This answer may or may not apply to you and should not be relied upon as legal advice. LawQA does not make any representation as to the expertise or qualifications of this attorney. This attorney may or may not be admitted to state bar of your state.
Answered By: Law Offices of Robert P. Taylor
Creditor's generally object to the discharge of their own debt. If you haven't filed bankruptcy yet, there maybe things you can do to reduce the likelihood that someone may object. I suggest you explain your concerns to a competent bankruptcy attorney before filing.
Answer Applies to: California
Replied: 10/25/2011
Disclaimer: The response above does not form an attorney-client relationship. This answer may or may not apply to you and should not be relied upon as legal advice. LawQA does not make any representation as to the expertise or qualifications of this attorney. This attorney may or may not be admitted to state bar of your state.
Answer Applies to: California
Replied: 10/25/2011
Disclaimer: The response above does not form an attorney-client relationship. This answer may or may not apply to you and should not be relied upon as legal advice. LawQA does not make any representation as to the expertise or qualifications of this attorney. This attorney may or may not be admitted to state bar of your state.
Answered By: Carballo Law Offices
Yes a creditor can object to your discharge by filing a lawsuit in bankruptcy called an "Adversary Proceeding" alleging (usually) that you committed fraud or an intentional injury. That happens in only a small percentage of the cases but you need to be ready by making sure you have an experienced lawyer represent you from day one in case that complication arises. Usually a lawyer will be able to tell if there is chance of that happening and take action or prevent it or increase the chances of winning in case a creditor makes those kinds of allegations.
Answer Applies to: California
Replied: 10/25/2011
Disclaimer: The response above does not form an attorney-client relationship. This answer may or may not apply to you and should not be relied upon as legal advice. LawQA does not make any representation as to the expertise or qualifications of this attorney. This attorney may or may not be admitted to state bar of your state.
Answer Applies to: California
Replied: 10/25/2011
Disclaimer: The response above does not form an attorney-client relationship. This answer may or may not apply to you and should not be relied upon as legal advice. LawQA does not make any representation as to the expertise or qualifications of this attorney. This attorney may or may not be admitted to state bar of your state.
Answered By: Ursula G. Barrios Law
Yes. 11 USC 523 shows some of the grounds creditors can use to object against discharge.
Answer Applies to: California
Replied: 10/25/2011
Disclaimer: The response above does not form an attorney-client relationship. This answer may or may not apply to you and should not be relied upon as legal advice. LawQA does not make any representation as to the expertise or qualifications of this attorney. This attorney may or may not be admitted to state bar of your state.
Answer Applies to: California
Replied: 10/25/2011
Disclaimer: The response above does not form an attorney-client relationship. This answer may or may not apply to you and should not be relied upon as legal advice. LawQA does not make any representation as to the expertise or qualifications of this attorney. This attorney may or may not be admitted to state bar of your state.
Answered By: Law Office of Harry L Styron
A creditor can object to your discharge for certain specific reasons. A judge's decision whether there will be a discharge or not can only be appealed to the next higher level of court (Bankruptcy Appellate Panel) not "objected to".
Answer Applies to: California
Replied: 10/25/2011
Disclaimer: The response above does not form an attorney-client relationship. This answer may or may not apply to you and should not be relied upon as legal advice. LawQA does not make any representation as to the expertise or qualifications of this attorney. This attorney may or may not be admitted to state bar of your state.
Answer Applies to: California
Replied: 10/25/2011
Disclaimer: The response above does not form an attorney-client relationship. This answer may or may not apply to you and should not be relied upon as legal advice. LawQA does not make any representation as to the expertise or qualifications of this attorney. This attorney may or may not be admitted to state bar of your state.
Answered By: Eliza Ghanooni, Attorney at Law
A creditor may file an objection to your entire discharge or to the discharge of the specific debt you owe that creditor. The former is pretty rare, while the latter is more common in cases in which a debtor charges a high amount of credit card debt shortly before filing. If either objection is filed, you can hire an attorney to oppose such an objection. Whether or not you will prevail depends on various factors, including how much you can afford to pay in attorney's fees. Settlement is usually the best option with regards to objections to discharge of specific debt.
Answer Applies to: California
Replied: 10/25/2011
Disclaimer: The response above does not form an attorney-client relationship. This answer may or may not apply to you and should not be relied upon as legal advice. LawQA does not make any representation as to the expertise or qualifications of this attorney. This attorney may or may not be admitted to state bar of your state.
Answer Applies to: California
Replied: 10/25/2011
Disclaimer: The response above does not form an attorney-client relationship. This answer may or may not apply to you and should not be relied upon as legal advice. LawQA does not make any representation as to the expertise or qualifications of this attorney. This attorney may or may not be admitted to state bar of your state.
Answered By: Judith A. Runyon, Esq. Attorney at Law
You would have to wait until they file something.
Answer Applies to: California
Replied: 10/25/2011
Disclaimer: The response above does not form an attorney-client relationship. This answer may or may not apply to you and should not be relied upon as legal advice. LawQA does not make any representation as to the expertise or qualifications of this attorney. This attorney may or may not be admitted to state bar of your state.
Answer Applies to: California
Replied: 10/25/2011
Disclaimer: The response above does not form an attorney-client relationship. This answer may or may not apply to you and should not be relied upon as legal advice. LawQA does not make any representation as to the expertise or qualifications of this attorney. This attorney may or may not be admitted to state bar of your state.
Answered By: Bird & VanDyke, Inc.
Creditors cannot object to your bankruptcy unless they alleged you committed fraud or some illegal act that harmed them.
Answer Applies to: California
Replied: 10/25/2011
Disclaimer: The response above does not form an attorney-client relationship. This answer may or may not apply to you and should not be relied upon as legal advice. LawQA does not make any representation as to the expertise or qualifications of this attorney. This attorney may or may not be admitted to state bar of your state.
Answer Applies to: California
Replied: 10/25/2011
Disclaimer: The response above does not form an attorney-client relationship. This answer may or may not apply to you and should not be relied upon as legal advice. LawQA does not make any representation as to the expertise or qualifications of this attorney. This attorney may or may not be admitted to state bar of your state.
Answered By: Law Offices of Michael J. Berger
Yes, a creditor can object to you receiving an Order of Discharge of Debtor. The creditor does this by filing an adversary proceeding against you pursuant to 11 U.S.C. Section 727, the statute that sets forth the grounds for objection to your discharge. You cannot prevent a creditor from objecting. If you receive such an adversary proceeding complaint, you need to defend and win the action in order to receive your discharge.
Answer Applies to: California
Replied: 10/25/2011
Disclaimer: The response above does not form an attorney-client relationship. This answer may or may not apply to you and should not be relied upon as legal advice. LawQA does not make any representation as to the expertise or qualifications of this attorney. This attorney may or may not be admitted to state bar of your state.
Answer Applies to: California
Replied: 10/25/2011
Disclaimer: The response above does not form an attorney-client relationship. This answer may or may not apply to you and should not be relied upon as legal advice. LawQA does not make any representation as to the expertise or qualifications of this attorney. This attorney may or may not be admitted to state bar of your state.
More Questions on Bankruptcy
- Can toll fines be included in bankruptcy?
- Should I just allow foreclosing?
- Can I exclude my car or home when filing for bankruptcy?
- Will Chapter 13 be dismissed if I am late on my mortgage?
- Can I sell my house after bankruptcy?
- How can I secure my house when filing for bankruptcy?
- How long to wait before declaring bankruptcy?
- Will my chapter 13 be dismissed if I am late on my home mortgage?
- Can I still put a stop to bankruptcy?
- Can filing bankruptcy stop foreclosure?
- Can I neogtiate non-exempt taxes in chapter 7?
- What do I do with non-exempted assets?
- What does the trustee do in the bankruptcy case?
- Do I have to appear before a judge when filing for bankruptcy?
- What is the difference between chapter 13 and chapter 11?
- Is it difficult to file chapter 7?
- What does chapter have to do with non-exempt property?
- Is it better to file chapter 7 over chapter 13 or vice versa?
- Will I be able to get rid of all my debts when I file chapter 7?
