You need a lawyer to respond to the creditor's objection to discharge or dischargeability.

Answer Applies to: Georgia
Replied: 11/9/2011

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Yes a creditor can challenge your bankruptcy as it relates to their debt. It would be wise to seek the advice of counsel to help you defend against their claim.

Answer Applies to: Georgia
Replied: 11/6/2011

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It is possible for a creditor to challenge a discharge in bankruptcy or the dischargeability of their particular debt. It's time to contact an experienced bankruptcy attorney to evaluate your situation.

Answer Applies to: Colorado
Replied: 11/4/2011

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Yes a creditor can initiate an adversary lawsuit. You should get a lawyer.

Answer Applies to: Indiana
Replied: 11/4/2011

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There are possible reasons for a creditor to dismiss a bankruptcy. You should seek legal assistance.

Answer Applies to: Colorado
Replied: 11/3/2011

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A creditor can object to a discharge in a Chapter 7 or attempt ot get reklief in a Chapter 13, but generally the answer is no. Contact an attorney.

Answer Applies to: Illinois
Replied: 11/3/2011

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The short answer is Yes, a creditor can challenge your bankruptcy petition.

Answer Applies to: Nevada
Replied: 11/3/2011

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It depends on what you mean by stopping your filing. If you mean they will prevent you from physically filing your case, they cannot do that. If you mean they are going to try and make it so you don't get forgiven of debts, they will have a difficult time doing it if you know what you are doing and you have not committed any fraud. Depending on the type of creditor, you may still owe that creditor because the creditor may be protected from bankruptcy.

Answer Applies to: Arizona
Replied: 11/3/2011

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They can attempt to do this. Whether or not they succeed depends on why they are doing it. are they alleging fraud with respect to their debt, fraud with respect to the bankruptcy filing, etc. Not only can a lawyer help you, now you're going to need the help.

Answer Applies to: California
Replied: 11/3/2011

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A creditor can oppose the discharge of their debt if they have grounds to prove that, among other things, you have committed fraud, are hiding assets or have committed perjury on the courts. You may want to retain an attorney to help sort out your particular problems.

Answer Applies to: New York
Replied: 11/3/2011

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A creditor cannot fight the filing of your bankruptcy as this is your right under the law. What they can do is either object to your discharge or file a complaint to determine their debt non-dischargeable. Creditors can only do this if you have failed to disclose assets, etc., charged on credit cards or made loans very close to the time you filed bankruptcy. These things are fairly rare and although you may have an issue with one creditor it should not affect the others. If you are being harrassed by a creditor in this fashion they may be violating the automatic stay and could potentially be sanctioned by the court. You really need to speak to an attorney.

Answer Applies to: California
Replied: 11/3/2011

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Yes it is possible. How likely that they will be successful? Very unlikely. In any case it is better that you hire a lawyer because if the creditors request a hearing (which they will), you won't know what to do.

Answer Applies to: Florida
Replied: 11/3/2011

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If one of your creditors is objecting to the discharge of the debt you owe there will be an adversary proceeding within the bankruptcy proceeding. You should not attempt to handle this yourself. You should retain a bankruptcy attorney immediately.

Answer Applies to: Massachusetts
Replied: 11/3/2011

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A creditor can not keep you from filing for bankruptcy. They can file such things as objections to confirmation of the Ch. 13 plan, objections to discharge, and motions for relief from the automatic stay. It is highly advisable that you retain yourself an attorney to help you navigate through creditor opposition.

Answer Applies to: Virginia
Replied: 11/3/2011

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A creditor can file certain objections and do most often in Chapter 13s. You should take your information and case filing to a lawyer to have him or her review it to see WHY the creditor objected. Creditors know when individuals are NOT represented by counsel and can take advantage of them. BKY filings are TIME SENSITIVE so be careful about ignoring an objection.

Answer Applies to: South Carolina
Replied: 11/3/2011

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A creditor cannot keep you from filing but after you file a creditor has the right to challenge your bankruptcy. It seems like you should probably hire an attorney if the creditor files anything with the Court to challenge your filing.

Answer Applies to: Texas
Replied: 11/3/2011

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A creditor can stop you from filing/getting a discharge, or have your case dismissed for a number of reasons. I would definitely get an attorney. If they are alleging some type of fraud or perjury, the possible penalties can be financial and/or imprisonment. This is not something to mess with!

Answer Applies to: Michigan
Replied: 11/3/2011

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You probably have not done something right and the creditor is seeking to have your case dismissed. Bankruptcy is not just a matter of filling out forms. A lawyer would be a good idea.

Answer Applies to: California
Replied: 11/3/2011

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Yes, creditors have rights to object to the discharge of their debts and whether you are entitled to a discharge. If a creditor is trying to do that, then absolutely, you need to hire a lawyer. Remember, the creditor already has an attorney, which is a huge advantage in these situations.

Answer Applies to: Colorado
Replied: 11/2/2011

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There are some reasons that a creditor can challenge your bankruptcy discharge in whole or in part. Most creditors will only challenge the discharge of their debt, although if they can prove you committed bankruptcy fraud or hid assets they may challenge the entire discharge. You should talk with an experienced bankruptcy attorney to understand what you are facing and how best to deal with it.

Answer Applies to: Colorado
Replied: 11/2/2011

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For practical purposes a creditor cannot stop a bankruptcy. A creditor can, however, object to discharge or dischargeability of a debt.

Answer Applies to: California
Replied: 11/2/2011

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Yes, creditors can object to your getting a discharge at all or getting a discharge as to a particular debt. They can investigate you and file motions to dismiss and/or give the information to the case trustee and the U.S. Trustee's office for further investigation, including criminal investigation if they have any evidence that you are committing bankruptcy fraud and/or perjury. Usually to object to the discharge is because of the allegation that you have committed fraud. Creditors can go against you in several ways but most commonly is to file a lawsuit against you in bankruptcy that is called an Adversary Proceeding to have the court determine that a particular debt was obtained by fraud or misrepresentation. A lawyer can help you of course but at this point it might be more expensive to hire a lawyer than before you filed initially because there are already anticipated problems that will take time to resolve. Those problems are often avoided by lawyers who can anticipate them before filing and take the necessary measures to prevent complications. If you are sued by a creditor in bankruptcy then you must have a lawyer and it will be costly since those cases are handled on an hourly basis and can become fairly expensive to defend. You should see an attorney right away for a consultation once you know what the creditor is claiming. Good luck.

Answer Applies to: California
Replied: 11/2/2011

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A creditor can make certain claims of fraud or that you incurred debt within certain timelines and yes, an attorney could certainly help.

Answer Applies to: Minnesota
Replied: 11/2/2011

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Generally, a creditor cannot 'stop' your bankruptcy. In some cases, a creditor can file attempt to have their debt with you found 'non-dischargeable,' meaning it will survive the bankruptcy. A creditor may also attempt to have your discharge denied, meaning you would not receive the requested debt relief. There are very narrow grounds upon which a creditor can seek either of those orders from a court. An attorney can help you fight either of those actions filed by a creditor.

Answer Applies to: California
Replied: 11/2/2011

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If they have filed an adversary action against you you better get a lawyer ASAP.

Answer Applies to: California
Replied: 11/2/2011

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It is almost always impossible to correctly do a bankruptcy yourself. You needed a lawyer. Whether a lawyer can fix your missteps now is something you need to find out, so get counsel immediately. Creditors rarely file to dismiss a case.

Answer Applies to: Georgia
Replied: 11/2/2011

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Yes, a creditor has many ways to interfere with your bankruptcy. Things move quickly so get an attorney fast.

Answer Applies to: California
Replied: 11/2/2011

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The short answer is yes. There are several different actions that a creditor can bring. This is a good reason to have legal representation first. Many problems can be spotted and avoided ahead of time if you have proper legal advice. Moreover, most attorneys don't want to jump into the middle of a mess, and if they do they're going to charge you alot extra $. Start calling some attorneys and see if you can get in on a free consultation. Unless you have a legal background, I doubt you could represent yourself adequately.

Answer Applies to: California
Replied: 11/2/2011

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Yes, a creditor can object to your filing - or object to the discharge of the debt you have with them. It is called an adversary proceeding. You may want to seek legal counsel in order to determine their grounds for the objection and your options.

Answer Applies to: Michigan
Replied: 11/2/2011

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Anyone can attempt to do anything. I do not know if they can succeed.

Answer Applies to: Michigan
Replied: 11/2/2011

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.