J. Dinkins G. Grange is an attorney in Northeast Florida, helping his clients find solutions to their financial problems, which in some cases includes bankruptcy in some cases. This Blog contains general bankruptcy relevant information. His practice includes representing clients in various areas of civil litigation including Fair Debt Collection Practices Act, Chapter 7 and Chapter 13 bankruptcies, foreclosure defense and probate.
Sunday, January 7, 2018
OBJECTION to Discharge: Who Has The Burden
A fundamental goal of the Bankruptcy Code is to provide a debtor with a
fresh start. Consequently, denial of a debtor's discharge is an
extraordinary remedy, and exceptions to discharge should be construed in
favor of the debtor and against the objecting party. The burden is on
the objecting party to prove the objection by a preponderance of the
evidence. In re White, 568 B.R. 894, 909-10 (Bankr. N.D. Ga. 2017).
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