Legal Question in Bankruptcy in North Carolina
After a Chpt 7 bankruptcy is discharged can the Trustee file a motion to contest?
Asked on 8/22/10, 8:32 pm
1 Answer from Attorneys
Thomas Zimmerman
Zimmerman Law Office
Yes he can. I do not know what you have in mind regarding "contest" but I presume you me to set aside the discharge or revoke the discharge. The question is whether he missed the deadline to file an AP because of neglect or because there was some fraud or non disclosure on the part of the debtor which was recently discovered. IIn addition, bankruptcy is a court of equity and many of the rigid rules of the law side of courts can be bent for that reason. The rules are more strictly enforced as relates to creditor objection, but again could be circumvented by active fraud.
Answered on 8/30/10, 6:03 am
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