21. Can my creditors dispute the discharge of my debts?
If your debt is not one that’s automatically discharged then there may be a dispute over whether the debt should survive your bankruptcy. For example, if the debt is one that you have to prove should be discharged, you may have to file a complaint to determine dischargeability. Or, if the creditor must prove that the debt should not be discharged, you might have to defend yourself in court against the creditor’s claims.
22. How can I apply to have my student loan or a disputed tax debt wiped out?
If you want to have a student loan or tax debt wiped out, then you will have to prove to the court that you satisfy all of the requirements for discharge. To accomplish  this, you must file a formal complaint with the bankruptcy court. Generally, you can file your complaint any time after you file for bankruptcy. These type of cases are called adversary cases.
Suppose, for example, that you want to have a student loan discharged. As discussed above, you will have to prove that it would be an undue hardship to repay the loan. You will file at least two forms: a complaint, stating the facts that make repayment an undue hardship, and a proof of service, showing that you served the complaint on the affected creditor and the trustee.
23. How can my creditors object to my bankruptcy?
To object formally to the discharge of a debt, the creditor must file a document called a Complaint to Determine Dischargeability of a Debt. These type of cases are also called adversary cases. The creditor must give you and the trustee a copy of the complaint. To defend against the objection, you must file a written response within a specified time limit and be prepared to argue your case in court. It can be very difficult for a creditor to prove that a debt was fraudulent and it can’t be discharged. The vast majority of adversary cases are settled.
If the creditor’s debt is one of the types that will be discharged unless the creditor objects, the creditor has the burden of proving that the debt fits within the specified category. For instance, if the creditor claims that the debt arose from a “willful and malicious injury†you caused, the creditor will have to prove that your actions were willful and malicious. Moreover, if the creditor is arguing that a particular debt arose from your fraudulent acts, then the creditor will have to prove that all the required elements of fraud were present.
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