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The new Chapter 7 law changed most aspects of qualification for
filing, yet did little to alter the procedural aspects of administration
of qualified cases. Once qualified, a person who owes primarily consumer
claims and liabilities will have little difficulty in swaying the court
and receiving a full and final discharge. In a practical sense, the
greatest hurdle is encountered first, then discharge occurs almost
automatically in the absence of objections.
Bankruptcy Chapter 7 discharge hearings & objections
In typical Chapter 7 files, the discharge hearing is mundane. No one
appears, no one objects, and the clerks shuffle quietly from the bench
to chambers carrying stacks of files ready to close. But not always!
Most objections are resolved before the court schedules discharge
hearings in Chapter 7 cases. After the time limit for objections
expires, a creditor may nevertheless appear at the hearing and allege an
oral objection upon certain limited grounds. This objection by ambush
tactic is generally not well received by the court, yet is entirely
legal.
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