Deadlines For Objecting To Discharge And Discharge Ability - BANKRUPTCY
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BANKRUPTCY: Deadlines for objecting to discharge and discharge ability
The debtor's goal in a Chapter 7 case is to receive a discharge, meaning that the debtor's personal liability for pre-petition debts is ended. However, certain debts are automatically non-dischargeable in a Chapter 7 case (e.g., debts for alimony, spousal and child support, student loans and certain taxes). Other debts may be found to be non-dischargeable in Chapter 7 (e.g., debts incurred through fraud, embezzlement, larceny, breach of fiduciary duty, willful tort and drunk driving) if the creditor files a complaint by a certain deadline and obtains a judgment of non-discharge ability in the Bankruptcy Court.
The deadline is set forth in the notice of meeting of creditors and is usually 90 days after the petition is filed. If a complaint is timely filed, a trial on will be scheduled and the Bankruptcy Court will decide whether or not the particular debt is dischargeable. If the debtor's pre- or post-petition conduct has been particularly egregious (e.g., he or she has hidden assets, concealed or destroyed records, failed to adequately explain the loss of assets, failed to obey a court order or committed a perjury), the Bankruptcy Code permits either a creditor or the bankruptcy trustee to file a complaint objecting to the discharge of any debts.
If such a complaint is successful, the debtor's assets will still be liquidated, but the debtor will not receive a discharge, meaning that creditors may pursue the debtor for payment of their debts.
The deadline for filing this type of complaint also is usually 90 days after the petition is filed.
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