Challenging Bankruptcy Discharges
The bankruptcy code allows a fresh start to the honest debtor.
When the debtor’s honesty is suspect, however, a creditor may challenge either the debtor’s right to receive a discharge or the dischargeability of a specific debt or claim. A creditor’s challenge to the debtor’s discharge or his or her right to discharge a particular debt is initiated by the filing of a complaint under 11 U.S.C. 523 or 727) followed by a trial before the bankruptcy judge of the creditor’s allegations. The trial is conducted under the Federal Rules of Evidence and a variety of national and local procedural rules. Our attorneys have received favorable results for both debtors and creditors in these kinds of proceedings.