August 26th, 2006 by Questions
A creditor is objecting my discharge on the following grounds “the bankrupt has been guilty of any fraud or fraudulent breach of trust”. Ofcourse, I disagree with their assessment. What burden of proof do they need to provide at the hearing?
One Response to “Discharge objection”
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August 28, 2006 at 7:39 am, A licensed trustee said:
They need to prove fraud, beyond a reasonable doubt, which is extremely difficult to do. In fact, it is very unusual for a bankruptcy judge to make a determination of fraud in a bankruptcy case.
The most prudent course of action would be for you to hire a lawyer to represent you at the discharge hearing. If you are unable to afford to do so, be sure that you attend the hearing and bring with you all of the facts that support your point of view.
I also suggest you meet with your trustee prior to the discharge hearing so that your trustee can advise you of the procedures to be followed at the hearing.