I filed an Objection to Discharge and expect an Adversary Hearing to be scheduled. What all is expected of me at this hearing?

Asked over 3 years ago - Genesee, MI

I am a Creditor acting without an attorney. I had legal action against the debtor at which time he conveniently filed a voluntary bankruptcy and listed my suit in discharge. I should be able to prove the debtors actions of fraud against me. I just don't know what to expect in one of those hearings. Is there anything I need to do before hand or once I get the hearing date?

Additional information

I was the first at that court to submit a motion in place of a complaint under the Supreme Court Rule change as of December 1, 2010. I did have two attorneys read the motion and both stated it was good and not one mentioned I needed to file anything else.

Attorney answers (4)

  1. Michael W. Bartnik

    Contributor Level 10

    Answered . I assume you are referring to the "Rule Change" to Rule 4004. However that change does not apply to your case, and the above answers are correct for your type of lawsuit.

    You will have to file an adversary proceeding and get it served in accordance with the Local Bankruptcy and Federal Bankruptcy Rules.

    The Court is not going to help you. It is not clear to me why the two attorneys that read your motion said it was "ok".

    You really need to hire an attorney licensed to practice in either the Eastern or Western District of Michigan Federal Bankruptcy Courts, where your claim is filed.

  2. Theodore Lyons Araujo

    Pro

    Contributor Level 20

    Answered . Objecting to the discharge will not get you a hearing. YOU have to file an Adversary which is a very technical document and processs for which you should have an attorney. You have to serve the summons and the Adversary on the debtor and then there will be a scheduling hearing. Take a look at 11 USC section 523 for the basis that debts are non-dischargeable.

    REQUEST: Please give this answer a "thumbs up"(below) if you find it valuable.

    Disclaimer: This answer does not constitute legal advice. I am admitted in the States of New York, New Jersey and Massachusetts only and make no attempt to opine on matters of law that are not relevant to those three States. This advice is based on general principles of law that may or may not relate to your specific situation. Facts and laws change and these possible changes will affect the advice provided here. Consult an attorney in your locale before you act on any of this advice. You should not rely on this advice alone and nothing in these communications creates an attorney client relationship. The opinions expressed herein are those of the author only and the fact that he has worked as an Assistant District Attorney; State Supreme Court Clerk; Special Assistant United States Attorney (Hawaii); Assistant Cornell University Counsel or Judge Advocate, United States Marine Corps should not be relied upon to assume that these statements reflect the policy of these organizations.

  3. Mitchell Paul Goldstein

    Contributor Level 20

    Answered . Objecting to discharge requires filing an adversary proceeding (a lawsuit in bankruptcy). You should really have an attorney for this. Your adversary proceeding will require a cover sheet. The court will issue a summons with a date for a pretrial conference. Then, the real fun begins. You have to prove that the debt falls under one of the provisions for exceptions from discharge. If you cannot prove an exception, you will lose.

    You are expected to know and follow the rules and procedures.

    [I am a Virginia-licensed attorney. This communication is intended as general information and not specific legal advice, and this communication does not create an attorney-client relationship.]

    I hope this helps. If you think this post was helpful, please check the thumbs up (helpful) tab below. Thank you!

  4. Mark Markus

    Contributor Level 16

    Answered . Just to supplement the prior responses, at a bare minimum you would need to be familiar with and understand the following:

    A. Federal Rules of Bankruptcy Procedure
    B. Local Bankruptcy Rules of your Jurisdiction
    C. Specific trial/adversary proceeding requirements of your Judge.

    Mark J. Markus, Attorney at Law
    Handling exclusively bankruptcy law cases in California since 1991.
    http://www.bklaw.com/

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