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Objection To Dischargeability

An objection to dischargeability is an objection to dischargeable debt made by a creditor or a trustee. When a bankruptcy filing is made, certain debts become dischargeable, meaning that the debtor becomes released from obligation and personal liability with regard to specific debts. In some cases, a creditor or a trustee may object to this and argue that the debt should not be discharged. In this case, an objection to dischargeability is made. The creditor or trustee must give a valid reason for the objection in order to have the discharge reversed. If a debt discharge was incurred under false pretenses or if the debtor is determined to have acted fraudulently, then a creditor or trustee may be able to successfully object to the discharge of the debt.

Fast Facts

  • Chapter 12 filings increased 53 % in 2005.
  • In August 2009, 84% of total bankruptcy filings in Hawaii were Chapter 7 filings.

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