Virginia Bankruptcy Law - "Can creditors object to discharge?"

Debtors do not have an absolute right to discharge in Virginia bankruptcy proceedings. A grant of discharge is subject to court review and subject to all creditor objections filed. Creditor objections must be resolved by the court before a discharge may be granted. Creditors do not need court approval to file motions objecting to relief or file complaints to initiate adversary proceedings. An adversary proceeding is similar to a lawsuit, within a lawsuit, that requires adjudication before the debtor's bankruptcy case may progress.

Creditors and their objections are subject to deadlines and are assigned the burden of proof. In practice before Virginia bankruptcy courts, because creditors carry the burden of proof, doubt is resolved in favor of the debtor. If motions or complaints are late, unclear, or unconvincing, relief requested by the debtor will proceed. Specific reasons which support a creditor's motion to deny discharge are set forth partially in 11 U.S.C. 523, and include the following:

• Debts incurred through fraud.
• Purchases of more than $1,000 in luxury goods or services from a single creditor within 60 days of filing.
• Liability omitted from the list of creditors or schedules, or incorrectly identified in the list of creditors or schedules.
• Student loans, unless repayment would cause undue hardship.
• Undeclared federal, state, and local taxes.
• Credit card payments for taxes can not be discharged in Virginia bankruptcy.
• Child support payments, alimony and related obligations.
• Fines and restitution to crime victims.
• Fess imposed by courts can not be discharged in Virginia bankruptcy.
• Fines and judgments resulting from DWI, DUI, or intoxication.
• Liabilities deemed nondischargeable in previous bankruptcies due to fraud or malfeasance.

Be aware that all options are not available to all debtors. The availability of alternatives depends on several factors. State & federal laws change frequently through the legislative process and through court interpretations. Each debtor presents a unique financial history and assortment of debts. Local rules and customs vary. Nevertheless, all debtors gain the maximum benefit available similarly: careful planning and selection of options before filing.

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