Legal Discharge Forms

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Commonly Asked Questions about Legal Discharge Forms

What is the legal discharge of a contract?

Contract discharge refers to the fulfillment or completion of the contractual obligations by both parties, resulting in the termination of the contract. In other words, there is a discharge of contract when both parties have performed their respective duties and obligations.

What is an objection to discharge?

The trustee can object to the discharge of a particular debt or the discharge of all debts. The trustee will usually do this when the trustee suspects fraud, (hiding assets, transferring assets to another, or destroying assets).

What is a legal discharge?

A discharge is the extinguishment or release of a legal obligation or duty. For example, a discharge of the payment of a debt means you are no longer legally obligated to pay the debt.

What is an exception to discharge?

Another exception to Discharge is for fraud while acting in a fiduciary capacity, embezzlement, or larceny. Domestic obligations are not dischargeable in Bankruptcy. Damages resulting from the willful and malicious injury by the debtor of another person or his property, are also not dischargeable in Bankruptcy.

How often do creditors object to discharge?

Most bankruptcy cases pass through the bankruptcy process with little objection by creditors. Because the bankruptcy system is encoded into U.S. law and companies can prepare for some debts to discharge through it, creditors usually accept discharge and generally have little standing to contest it.

What does objection to discharge mean?

If a debt arose from the debtors intentional wrongdoing, the creditor can object to discharging it. This might involve damages related to a drunk driving accident, for example, or costs caused by intentional damage to an apartment or other property.

What is an order to discharge?

The discharge is a permanent order prohibiting the creditors of the debtor from taking any form of collection action on discharged debts, including legal action and communications with the debtor, such as telephone calls, letters, and personal contacts.

What are the grounds for objection to discharge?

Objections to discharge disclose a debt existing at the date of bankruptcy. advise the trustee of any change of name, address and telephone number [s 80] sign a document at the trustees request. attend a meeting of creditors without reasonable excuse or approval of the trustee.