Objecting to Discharge as a Creditor
For a creditor, although it is tempting (from a visceral perspective) to file an Objection to Discharge action to deny a debtor of any sort of discharge, in reality it is often easier and more beneficial to file a nondischargeability complaint instead for one specific debt. The standard of proof is difficult to reach in a Section 727 matter, whereas it is somewhat easier to prove a nondischargeability claim for a single debt under Section 523. Further, a creditor may actually benefit from the debtor discharging all his other debts but having that one specific debt survive because the discharge (of all other debts) enhances the debtor’s ability to pay a debt after the bankruptcy case is complete.
Bankruptcy Attorneys Assist with Objection to Discharge
As you can see from the above brief discussion, an Objection to Discharge matter is an intense evidentiary exploration with the “benefit of doubt” favoring the debtor and protecting his discharge. Such a fact-sensitive evidentiary matter requires the careful attention of a skilled bankruptcy litigator at McFarlin LLP. If you are facing an Objection to Discharge issue, as a debtor or a creditor, we offer a free case evaluation and consultation. We will analyze your matter at no initial charge.
Let us protect your rights as we have for so many previous happy clients, call us today at (949) 570-5025.