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Asked 1/20/2012

Can you dispute a bankruptcy?

 
 
 
 
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Answer 1/1 - Submitted 1/25/2012

If you wanted to dispute a bankruptcy, you would file an objection to the discharge in the bankruptcy case. The discharge is the document that is entered discharging the debtor from any further obligation to pay on the debts listed on the bankruptcy.

Creditors have 60 days from the date set for the meeting of creditors to file their objections to the discharge. If you wanted to object, you should consult with an attorney who will look at the merits of your objection to see if they have any standing.

If you do have a good basis for an objection, your attorney would file that objection with the court, the objection would then be set for a hearing, and the bankruptcy court judge would make the final decision on the matter.

If the judge denies the objection, then the debt is discharged and the debtor has no further objection to pay that back. If the judge rules in your favor, then the debtor will not be able to get rid of that debt through the bankruptcy.

A likely scenario would be that if you filed an objection to the discharge, the debtor's attorney would probably come back with some kind of a settlement offer. In this way they save attorney fees for all parties and bring some kind of resolution to the matter that will hopefully satisfy both parties.

 
 
 
 
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