Objection to Discharge
The major benefit of a bankruptcy to an individual debtor is the discharge of that debtor’s obligations to creditors. However, there are situations where the law does not permit such a debtor to obtain a discharge of some or all of his or her debts.
In a situation where the individual debtor has engaged in certain prohibited activities related to the filing or conduct of a bankruptcy case, such as failing to disclose assets, a creditor may object to that debtor receiving any discharge of debts. Similarly, if a debtor in bankruptcy incurred a specific debt through some type of malfeasance, such as fraud, breach of fiduciary duty, or willful injury, the creditor may seek an order excepting that specific debt from the bankruptcy discharge.
James Olson has represented many creditors who have objected to a debtor receiving a discharge, or who have objected to the dischargeability of a debtor’s obligation to them. These cases have usually involved significant investigation in an attempt to locate and recover assets which a debtor “forgot” to disclose. Such cases may also involve assets which are disclosed, but significantly undervalued in the disclosure.