Can A Creditor Stop Me From Filing Bankruptcy?
If you have decided to file bankruptcy you will want to be sure your case goes off without a hitch. This will require you to provide your bankruptcy attorney with all of your debt and income information, and to review the paperwork before it is filed. You should also take care not to incur any debt too close in time to your filing, or you run the risk of looking like you took out the debt without ever intending to make payments. If that happens, the lender can question your motives and also ask that their debt still be paid. Because you are filing bankruptcy to eliminate debt, it can be a real blow to find out there are still some things you have to pay.
It can also be disappointing and frustrating to learn that someone has tried to block you from filing your case. This is rare, and it is more common for a lender to object only to their particular debt being discharged. Here are a few of the reasons a creditor might rely upon when objecting to you discharging their debt:
- Claiming the debt was incurred under false pretenses, usually by claiming the credit application contained knowingly false information.
- Claiming the loan was taken out with the intention of never repaying it, which can be hard to establish because it requires the lender to prove your state of mind at the time you incurred the debt.
- Claiming the debtor damaged the property of the lender.
In order to object to the discharge of a debt a lender has to file an adversary proceeding, which is a lawsuit filed in the actual bankruptcy case. If an adversary is filed against you, it could require a trial before the bankruptcy Judge to reach a resolution. In Bankruptcy Court there are no juries, just the Judge and the evidence. While this can be a frightening process, rest assured we know how to bring out the evidence that is in your favor and in the best light.
For answers to your questions about debt and bankruptcy, and what it means to have the discharge of your debts objected to, contact us at www.DsouzaLegalGroup.com.