QUESTION
Can a creditor that filed a civil judgement against me stop a chapter 13 from being approved for discharge?
Asked on Mar 20th, 2016 on Bankruptcy - Oregon
5 ANSWERS
Not unless the creditor can allege fraud or some other dishonest conduct on your part. Hard to prove generally.
Answered on Apr 11th, 2016 at 5:53 PM
Timing is everything. If a creditor acts in time, it can prevent your plan from being confirmed. But once your plan is confirmed, there would have to be extraordinary reasons for the creditor to upset the confirmation order to deny the discharge after the plan payments are completed.
Answered on Apr 11th, 2016 at 10:43 AM
Bankruptcy Attorney serving Madison, WI
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Richard B. Jacobson & Associates, LLC
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Generally not. If you listed the judgment properly on your schedule F, and also on the statement of financial affairs, then the underlying debt should be discharged. In some states, Like Wisconsin, you can also file the right application in state court and the judgment lien will be deemed satisfied. Don't forget this important step.
Answered on Apr 11th, 2016 at 7:36 AM
Commercial & Bankruptcy Law Attorney serving Powell, OH
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Ronald K. Nims
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The purpose of bankruptcy is to protect you from your creditors. Generally, discharges are denied where the debtor is caught committing perjury. So, unless you committed fraud to borrow the money, your creditor probably can't prevent you from receiving a discharge.
Answered on Apr 11th, 2016 at 7:36 AM
Typically that's not possible, but I would need to ask quite a few more questions to answer definitively because there are many reasons a creditor could object.
Answered on Apr 11th, 2016 at 7:35 AM