Can Someone Stop Me From Filing Bankruptcy?
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If you have a legitimate bankruptcy case the answer is no.
Once you have filed your bankruptcy case with the local court, the court notifies all of your creditors about your bankruptcy filing. While creditors cannot stop the bankruptcy filing, they do have the right to object to debt included in the bankruptcy discharge within 60 days after the first creditors’ meeting.
An objection in a legitimate case is rare. Only if there is reason to believe that you have engaged in fraudulent behavior, a judge can dismiss your bankruptcy filing without discharging your debt. Piling up debt on your credit cards right before filing for bankruptcy will most likely raise red flags. Untruthful information about your income and other assets will also disqualify you from proceeding with your bankruptcy filing if you are caught.
Most commonly in a divorce, a former spouse who co-signed for any of your loans may also file objections when you file for bankruptcy. So, while no one can stop you from filing bankruptcy, creditors can object to some or all of your debts being discharged and if they are successful you will be responsible for paying those debts, and at risk of having your bankruptcy case dismissed.
