California Firm Handles Objections to Bankruptcy Confirmation

Fresno attorney represents California creditors and debtors

Bankruptcy filings often lead to objections from creditors who believe they’re being treated unfairly by the trustee or that the debtor is not even eligible for legal protection at all. At Gates Law Group, A Professional Corporation in Fresno, Paso Robles and Visalia, attorney Glen Gates is an accomplished California attorney who advocates for debtors and creditors in matters related to bankruptcy objections.

Lawyer advises on objections frequently used in Chapter 7 bankruptcy cases

Before debts can be discharged in a Chapter 7 bankruptcy, creditors must have the opportunity to state their reasons why the filing party should not be relieved of their financial obligation. Common objections lodged by creditors include:

• Excessive credit purchases or cash advances prior to bankruptcy — A credit card company could try to stop a debt discharge by showing that the debtor made a lot of high-value purchases or took substantial cash advances shortly before filing for bankruptcy. This might be used as evidence that the filer never intended to honor their responsibility to repay what they owe.
• Debts linked to fraudulent misrepresentations — Someone having money troubles might try to obtain a credit card by providing incorrect information to a financial situation. This would prevent them from receiving bankruptcy protection for debts incurred as a result of the fraudulent misrepresentations.
• Attempt to reclassify non-dischargeable obligations — Certain debts cannot be discharged through Chapter 7 bankruptcy, such as past due child support and payments owed to a student loan provider. Likewise, individuals who have non-dischargeable debts cannot try to work around the law by transferring those debts to their credit card balance.

Objections can also be brought on the basis that the debtor did not fulfill the legal requirements necessary to receive bankruptcy protection. One such requirement is that the debtor must not have received a Chapter 7 discharge in the previous eight years. Whether you’re looking to bring an objection or overcome one, you can rely on our firm to conduct a thorough review of the relevant facts and provide strong advocacy during the adversary proceeding or motion hearing.

Potential objections that can arise in a Chapter 13 proceeding

Creditors of someone who has filed for Chapter 13 bankruptcy can object to the proposed repayment plan. One common objection is that the schedule put forth by the debtor favors certain creditors over others. When a repayment plan is established, the debtor will have to be able to honor the plan’s terms for a period of between three and five years, so it is incumbent on creditors to review whether the structure of the plan is feasible given the debtor’s income and expenses. There is also the “best interests of the creditors” provision, which bars a repayment plan if the creditors would recover more under Chapter 7 liquidation.

Notice requirements for a bankruptcy case objection

Once the creditors’ meeting is held, a party has 60 days to lodge an objection to the discharge of their debt. In some instances, the plan to repay creditors can be modified in a manner that is satisfactory to all parties. If there is a question of potential fraud, then the objecting creditor can file an adversary case to resolve the issue. Situations where a creditor believes that the filing party received a discharge too recently to receive the same relief are resolved through a motion. Our firm has a deep understanding of bankruptcy objections and can skillfully represent you no matter what side you’re on.

Contact a California bankruptcy lawyer to discuss possible objections in your case

Gates Law Group, A Professional Corporation represents California creditors and debtors in bankruptcy proceedings. If you are a creditor considering filing an objection to a bankruptcy petition or have questions about filing for bankruptcy yourself, please call 559-432-9944 or contact us online. Our main office is in Fresno and we also have locations in Paso Robles and Visalia.