Bankruptcy Objection

An objection in bankruptcy usually occurs if a creditor or trustee objects to debts being discharged or questions exemptions which might be allowed. Common reasons a creditor may object to the discharge of debt include the following reasons: the creditor believes the debtor acted in bad faith, the debt was incurred under false pretenses, or the debtor committed fraud in making the debt. A trustee or creditor can also object to an exemption claim if they feel the claim does not comply with bankruptcy law.

In either objection case, a trustee or creditor may have to file an adversary proceeding, which is a formal complaint petitioned to the bankruptcy court that might require a formal hearing by the bankruptcy court judge. To file a complaint the plaintiff must present the facts of the case and identify the relief they believe they are entitled to receive under the law. Complaints generally identify the Court, bankruptcy case, and party information for the adversary. They also identify the name and location of all parties involved in the case and what has given rise to the complaint. Additionally, the complaint should outline the allegations or claims made against the Defendant, the reason the case was filed in bankruptcy court and the relief which is sought.