Michigan Bankruptcy Lawyers - Can creditors object to discharge?:
Debtors and their bankruptcy lawyers do not have an absolute right to discharge. A grant of discharge in favor of the debtor and their bankruptcy lawyer is subject to court review and further subject to all creditor objections filed. Objections filed by creditors or their bankruptcy lawyers must be resolved by the court before a discharge may be granted. Creditors and their bankruptcy lawyers do not need court approval to file motions objecting to relief or file complaints to initiate adversary proceedings. An adversary proceeding is similar to a lawsuit, within a lawsuit, that requires adjudication before the debtor's bankruptcy case may progress. Michigan Bankruptcy Lawyers - In Practice:
Creditors and the objections filed by their bankruptcy lawyers are subject to deadlines and are assigned the burden of proof. In practice, because creditors carry the burden of proof, doubt is resolved in favor of the debtor. If motions or complaints are late, unclear, or unconvincing, relief requested by the debtor will proceed. Specific reasons which support a creditor's motion to deny discharge are set forth partially in 11 U.S.C. 523, and include the following:
- Debts incurred through fraud.
- Purchases of more than $1,000 in luxury goods or services from a single creditor within 60 days of filing.
- Liability omitted from the list of creditors or schedules, or incorrectly identified in the list of creditors or schedules.
- Student loans, unless repayment would cause undue hardship.
- Undeclared federal, state, and local taxes.
- Credit card payments for taxes can not be discharged in Michigan bankruptcy.
- Child support payments, alimony and related obligations.
- Fines and restitution to crime victims.
- Fess imposed by courts can not be discharged in Michigan bankruptcy.
- Fines and judgments resulting from DWI, DUI, or intoxication.
- Liabilities deemed nondischargeable in previous bankruptcies due to fraud or malfeasance.
Bankruptcy lawyers must carefully review each debtor's financial affairs before suggesting any particular remedy. Because each client is unique, all alternatives may not be available. Also, bankruptcy lawyers often offer different opinions regarding available alternatives in the same circumstance, based on each bankruptcy lawyer's personal level of legal expertise. All potential debtors should consider the opinions of at least two, and preferably three consumer bankruptcy lawyers to discover all available alternatives.
Back toMichigan Bankruptcy Lawyer FAQ and bankruptcy lawyer tips.
|
