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Can a Creditor Object to Your Chapter 7 Bankruptcy Filing?

January 22, 2013

It may come as a surprise, but you don’t have an absolute right to a Chapter 7 bankruptcy discharge. A creditor, your trustee, or the United States trustee each has the right to file an objection to a consumer debtor’s Chapter 7 discharge. In fact, all they have to do to begin an adversary proceeding is file a complaint outlining the basis of their objection to your bankruptcy.


Of course, objections can come as the result of outright, intentional, unmitigated fraud, however, many small errors can be just as deadly to your petition. For instance, failing to include a tax document among your disclosures, failure to take a credit counseling course required by federal law, or failing to account for a lost asset can all scuttle your bankruptcy. Some mistakes may be innocent, but the consequences will be severe.


Successfully navigating all of the challenges associated with your personal bankruptcy can be a demanding feat. Fortunately for you, the attorneys at the Dallas law firm of Fears Nachawati know how to handle to particular difficulties associated with your bankruptcy. Whether you’re considering Chapter 7 or Chapter 13, our team knows how to advise you, what questions to ask, and what steps to take.


As the nit-picky potential objections to a Chapter 7 discharge suggest, the devil is in the details when it comes to bankruptcy. When a debtor can receive a second discharge, whether your discharge may be revoked post-petition, and what options exist relating to repayment of a discharged debt are all just a few of the issues our firm can address.


Your free consultation is just a phone call or email away. If you’ve got questions about bankruptcy and how to prepare for your financial future, talk to our professionals today.



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