Form 35-16

The practitioner should use this form to object to the discharge of the debtor under Chapter 7 of the Bankruptcy Code. See sections 35.33 and 35.34 in this chapter for a discussion of discharge.

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 in this chapter.

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

Objection to Discharge of Debtor

[Name of creditor], Creditor, a creditor in the above-styled case, files this Objection to Discharge of Debtor. 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. § 727(a)(2), the Court may deny the debtor a discharge if the debtor, with intent to hinder, delay, or defraud a creditor or an officer of the estate charged with custody of property under this title, has transferred, removed, destroyed, mutilated, or concealed property of the debtor or permitted such acts within one year before the date the petition was filed. Likewise, the Court may deny the debtor a discharge if the debtor permitted such acts against the property of the estate after the date the petition was filed.

4.As set forth above, Debtor transferred, removed, and concealed property of Debtor within one year before the date the petition was filed with intent to hinder, delay, or defraud Creditor. Specifically, before the petition date, Debtor [describe debtor’s actions]. These actions were taken with intent to hinder, delay, or defraud Creditor.

5.After the petition was filed, Debtor [transferred, removed, and concealed/contin­ued to transfer, remove, and conceal] property of the estate with the intent to hinder, delay, or defraud creditors and the Chapter 7 trustee.

6.Discharge should be denied under 11 U.S.C. § 727(a)(2) based on the [prepetition/postpetition/prepetition and postpetition] actions.

7.Under 11 U.S.C. § 727(a)(3), the court may deny Debtor’s discharge if Debtor has concealed, destroyed, mutilated, falsified, or failed to keep or preserve any recorded informa­tion, including books, documents, records, and papers from which Debtor’s financial condi­tion or business transactions might be ascertained, unless such act or failure to act was justified under all of the circumstances of the case. Debtor’s discharge should be denied for the reason that it failed to preserve documents and records with regard to [describe specific facts], and Debtor’s failure to do so was not justified under all of the circumstances of the case.

8.Under 11 U.S.C. § 727(a)(4), the Court may deny Debtor’s discharge if Debtor knowingly and fraudulently, in or in connection with the case, made a false oath or account. On or about [date], Debtor executed schedules and a statement of financial affairs in this case. These documents were executed under penalty of perjury. The schedules and statement of financial affairs were false and incomplete in the following respects: [include specific
facts]. Therefore, Debtor’s discharge should be denied under 11 U.S.C. § 727(a)(4).

9.Under 11 U.S.C. § 727(a)(5), the Court may deny Debtor’s discharge if Debtor has failed to explain satisfactorily, before determination of denial of discharge, any loss of assets or deficiency of assets to meet the debtor’s liabilities. As set forth above, Debtor has failed to account for more than $[amount] in funds that it received from [source]. No satisfactory explanation has ever been given for what happened to these funds.

10.Debtor’s discharge should be denied in its entirety.

11.Creditor prays that it be granted judgment that Debtor be denied a discharge pur­suant to 11 U.S.C. § 727(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]