Who Can Object to the Discharge of Your Debt?

While most of your personal debt is able to be discharged under typical Chapter 7 bankruptcy filings, there are several parties who have the ability to object to your discharge. There are a variety of different reasons an individual or company could object to the discharge of your debt, and your St. Petersburg bankruptcy attorney can walk you through the details and offer advice on how to protect yourself.

Who Can?

There are three parties that can object to the discharge of your debt: a creditor, a Chapter 7 bankruptcy trustee, and a U.S. trustee. The most common objection to debt discharge comes courtesy of creditors. Creditors are typically looking to discharge a particular debt, such as a car loan or mortgage payment. A bankruptcy trustee, the person charged with making sure all the assets are collected and paid to creditors, is the second party that can object to your debt discharge. Their objection is usually related to an accusation of bankruptcy fraud. The third party, the U.S. trustee, has the ability to object to your entire debt discharge. This too is usually connected with a bankruptcy code violation or fraud.

The Procedure

Your St. Petersburg bankruptcy attorney can better help you understand the procedure for objections to a discharge. In essence, in order to object to the discharge of a debt (one or all), the creditor or trustee is required to file a written objection with the particular bankruptcy court in charge of the case. The court will then schedule a trial in which the judge rules for or against the objection.

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