What is an objection to discharge in bankruptcy?

Although rare in bankruptcy cases prepared by experienced bankruptcy attorneys, there are certain situations where either the Bankruptcy Trustee or a creditor will object to the debtor receiving a discharge of their debts. This type of objection is known as an ‘adversary proceeding’ in bankruptcy court, and if the Trustee or creditor is successful the debtor will be denied a discharge of either some or all of their debt.

Typical reasons for a Trustee or creditor to object to discharge are:

  • Lying under oath about your income, assets, or debt. In addition to being grounds for denial of your discharge, this can also lead to criminal charges for bankruptcy fraud and prosecution in federal court.
  • Hiding assets or transferring them to friends or family members prior to filing bankruptcy. This can also lead to criminal charges for bankruptcy fraud and prosecution in federal court.
  • Intentionally incurring debt (such as charges on your credit card) when you know that you are going to file bankruptcy.
  • Having the ability to repay your debts.
  • Failure to cooperate with the Trustee appointed in your case.

    Most Objections to Discharge can be avoided if you are completely honest with your bankruptcy attorney. As experienced Georgia bankruptcy attorneys, The Ballard Law Group takes the time to thoroughly review each client’s individual situation so that the bankruptcy petition filed with the court is accurate and correct. Call us today at (404) 800-9939┬áto schedule your free initial consultation at either our Atlanta or Lawrenceville office.

    TERMS OF USE & DISCLAIMER: The content of this website is for informational purposes only and does not, nor is it intended to, create an attorney-client relationship between The Ballard Law Group and the viewer. Bankruptcy is a complex area of law and it is strongly recommended that you consult an attorney for advice regarding your individual situation.

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