Form 35-17

The practitioner should use this form to object to the discharge of debts under Chapter 7 of the Bank­ruptcy Code. See section 35.34 in this chapter for a list of categories of debts that must be proven to be nondischargeable.

Warning:      The local rules of the Bankruptcy Courts for the four districts in Texas have specific requirements for the content of the captions of pleadings and orders, and they are all different. The practitioner should consult the local rules of the bankruptcy court for the district in which he intends to file for the specific requirements as to the content of captions. See section 35.1:2.

[Caption for an adversary proceeding. See form 35-3 in this chapter.]

Objection to Discharge of a Specific Debt

[Name of creditor], Creditor, a creditor in the above-styled case, files this Objection to Discharge of a Specific Debt. Creditor states as follows:

1.Creditor is a creditor and a party in interest. [Name of debtor], Debtor, is the debtor in this case and may be served with process at [address, city, state] and by serving its attorney of record, [name of attorney], at [address, city, state]. The Court has jurisdiction over this pro­ceeding pursuant to 28 U.S.C. § 1334. This is a core proceeding pursuant to 28 U.S.C. § 157(b)(2).

2.[Insert facts supporting the causes of action.]

3.Under 11 U.S.C. § 523(a)(2), an individual debtor is not entitled to a discharge from any debt for money, property, or services or an extension, renewal, or refinancing of credit to the extent obtained by false pretenses, a false representation, or actual fraud, other than a statement respecting the debtor’s or insider’s financial condition.

4.The debt incurred with regard to [describe debt] is a debt that is nondischargeable based on false pretenses, a false representation, and/or actual fraud. Debtor represented to Creditor [describe representations]. This representation was false as shown by [describe facts]. Creditor justifiably relied on Debtor’s false representation as shown by [describe facts]. Had Creditor known [describe facts], Creditor would not have [describe actions]. Creditor has been damaged by the justifiable reliance on Debtor’s false representation in the amount of $[amount].

5.Creditor requests that the Court determine that the damages sustained by Creditor in the amount of $[amount] as set forth in paragraphs [paragraph numbers], plus interest and attorney’s fees and such other damages as may be established, be determined to be nondis­chargeable under 11 U.S.C. § 523(a)(2).

6.Under 11 U.S.C. § 523(a)(4), a debtor may not receive a discharge from a debt incurred through fraud or defalcation in a fiduciary capacity.

7.[Describe circumstances creating fiduciary relationship] created a fiduciary rela­tionship between the parties. Debtor was required to [describe requirements].

8.Debtor has failed to account for more than $[amount], which he received in the fiduciary relationship. As a result of such failure, Creditor was damaged in the amount of at least $[amount] as set forth in paragraphs [paragraph numbers].

9.Creditor’s losses arise from Debtor’s fraud or defalcation in a fiduciary capacity. Debtor committed fraud by [describe actions]. [Include if applicable: Debtor also committed defalcation by receiving funds in a fiduciary capacity and failing to satisfactorily account for such funds.]

10.Creditor requests that the Court determine that the damages sustained by Creditor on both prepetition and postpetition actions in the amount of $[amount] as set forth in para­graphs [paragraph numbers], plus interest and attorney’s fees and such other damages as may be established, be determined to be nondischargeable under 11 U.S.C. § 523(a)(4).

11.Under 11 U.S.C. § 523(a)(6), a debtor may not receive a discharge from a debt for willful and malicious injury by the debtor to another entity or the property of another entity. Conversion falls within 11 U.S.C. § 523(a)(6).

12.Before filing the bankruptcy petition, Debtor converted more than $[amount] in proceeds received from [source]. Debtor’s actions were willful because Debtor intentionally failed to remit those proceeds to Creditor. Debtor’s actions were malicious because Debtor specifically intended to convert the funds to Debtor’s own use without remitting the funds to Creditor and knew that such action would necessarily result in harm to Creditor.

13.Creditor requests that the Court determine that the damages sustained by Creditor in the amount of $[amount] as set forth in paragraphs [paragraph numbers], plus interest and attorney’s fees and such other damages as may be established, be determined to be nondis­chargeable under 11 U.S.C. § 523(a)(6).

14.Creditor prays that the Court determine that the debts described above are nondis­chargeable pursuant to 11 U.S.C. § 523(a) and for all other relief to which Creditor may be entitled.

   
[Name]
Attorney for [name of client]
State Bar No.:
[E-mail address]
[Address]
[Telephone]
[Telecopier]