An opposition to your bankruptcy discharge is not a personal attack; it is a reaction to your conduct and choices that you have made before and during your bankruptcy period. An opposition is a roadblock on your path to a fresh start that requires your attention and effort to clear.
In most cases, creditors do not oppose your bankruptcy discharge. The Bankruptcy Act does however contain provisions for the protection of the interests of your creditors in order to protect the integrity of our credit system.
Any creditor with a proven claim to your estate may argue before the court against your right to an automatic discharge. A creditor who wishes to oppose and challenge your discharge must have sufficient reason to do so. Your trustee will be able to advise you at your consultation and during your bankruptcy if an issue arises which may result in an opposition from one of your creditors.
You will be given notice in writing should any of your creditors decide to oppose your discharge. You may wish to consider retaining a lawyer to represent you, as you will be required to attend Bankruptcy Court and respond to the issue(s) raised in the opposition.
A creditor may wish to oppose for reasons such as, fraud, preferential payment to another creditor, undisclosed assets, an ongoing criminal investigation, or abusive use of credit made just prior to your decision to file for bankruptcy. Your trustee can review your situation and determine if there are any foreseeable issues that may result in an opposition to your discharge.
An opposition is not the end of the road; it is a roadblock that can be cleared with effort. Remember, the bankruptcy process was designed to give the honest, but unfortunate debtor, the chance to get a fresh start.Â
Speak to a licensed trustee in bankruptcy by calling 310-PLAN to discuss any questions or concerns that you have regarding creditor opposition to bankruptcy discharge.
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