Creditors Filing an 'Objection' AFTER Discharge...

[9877donna]

Ok I need to ask another question that I don't understand.How can a Creditor file an 'objection' after the discharge? Don't Creditors have a certain amount of time to file an objection before the discharge??
How can a creditor do this?I don't get it (again)...
Thanks.Donna

[poorme]

"If you snooze - you lose!"

Check Pacer - likely your history docs include the court advising creditors of the deadline and YOUR right to know the case is closed and over. If ANY rights to re-open exist, they'll be outlined by the court. These folks apparently missed an opportunity.

[HHM]

First, give some specifics....

Did a creditor file an objection after discharge...which creditor was it. Have your read the objection...what specifically are they asking for. Are you sure the creditor did not ask for an extension of time to file an objection (they can do that).

[9877donna]

This is from another post I read.

I took this from danohio2831:Posted that he got a discharge but a creditor objected to a cash advance he took out.
Is it possible that his case was not discharged yet?? I just read the post and assumed from what he said that it was already discharged.
Donna

[HHM]

Oh...

Ok, to answer the general question...the answer is generally no, a private creditor (i.e. non government creditor) cannot file an objection to discharge of their debt after discharge. But there are some ways to get around this, i.e. if the creditor can demonstrate that they were not properly notified etc. But generally, no objections from creditors will be considered after discharge.

[9877donna]

Oh...

Ok, to answer the general question...the answer is generally no, a private creditor (i.e. non government creditor) cannot file an objection to discharge of their debt after discharge. But there are some ways to get around this, i.e. if the creditor can demonstrate that they were not properly notified etc. But generally, no objections from creditors will be considered after discharge.

Thanks HHM.That's what I thought but there are so many variables in the new BK laws that it's hard to tell one way or the other.
Donna

[razorguns]

no.

unless they have some evidence of fraud - the court will not invest manpower and resources just to deal with their untimely request.

r

[HHM]

no.

unless they have some evidence of fraud - the court will not invest manpower and resources just to deal with their untimely request.

r

Objections to Discharge are only used by creditors to object to discharge of "their" debt. These Objections MUST be filed by the filing deadline (which is usually the scheduled discharge date). If the trustee wants to reopen the case because of fraud or what not, it's technically not an Objection to Discharge. I just want to clarify this point to avoid any confusion.